Loading...
HomeMy WebLinkAbout06/14/2011 Study Session Agenda Packet A; AN1 MARANA TOWN COUNCIL STUDY SESSION NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 14, 2011, at or after 6:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. The Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA DISCUSSION/DIRECTION/POSSIBLE ACTION D 1: Presentation: Relating to Community Facilities Districts; discussion and direction regarding the Saguaro Springs Community Facilities District, financing alternatives and elements of the adopted Community Facilities District policy (Erik Montague) D 2: Presentation: Relating to Mayor and Council; staff presentation and discussion with Council regarding laws and policies that apply to Councihnembers, including Arizona state laws regarding open meetings, conflicts of interests, public records, incompatibility of office, nepotism, financial disclosure and limitations on entertainment and the Town of Marana Code of Principle- and Ethics- Centered Governance (Jane Fairall) Executive Session pursuant to A.R.S. §38431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. ADJOURNMENT Study Session - June 14, 2011 - Page 1 of 142 MAHA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 14, 2011, 6:00:00 PM To: Mayor and Council Item D 1 From: Erik Montague , Finance Director Strategic Plan Focus Area: Not Applicable Subject: Presentati on_Relating to Community Facilities Districts; discussion and direction regarding the Saguaro Springs Community Facilities District, financing alternatives and elements of the adopted Community Facilities District policy Discussion: At a special meeting in April 2007, staff and the Town's financial adviser Stone and Youngberg presented a broad overview of financing alternatives for the Saguaro Springs Community Facilities District (CFD). Since then a number of significant events, including the housing slow down and eventual recession, the bankruptcy of Empire Land (Saguaro Reserve, LLC) and the acquisition of the property by Grayhawk (Marana 670 Holdings, LLC), have occurred. The purpose of tonight's presentation is to provide a brief history of Saguaro Springs CFD, outline the financing alternatives available to the CFD and the impacts of those alternatives on homeowners. Staff will also present elements of the Town's adopted CFD policy and seek direction with respect to possible amendments to the adopted CFD policy. Staff and the Town's financial adviser, Stone and Youngberg (Mike Lavalle) will make the presentation concerning these issues and will be available to answer questions that Council may have concerning CFDs in general or particular bond financing scenarios. Presentation materials may be distributed just prior to the meeting. ATTACHMENTS: Name: Description: Type: ❑ Pages from_ CFO FD_ Policies- _Resolution2004- CFD Policies Backup Material Staff Recommendation: Staff recommends that the Council give direction to staff regarding possible changes to the Town's adopted CFD policy and direction on the use of general obligation bonds, special assessment bonds or both in the appropriate circumstances. Suggested Motion: Council's pleasure. Study Session - June 14, 2011 - Page 2 of 142 TOWN OF MARANA, ARIZONA POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS In order to secure for the Town of Marana, Arizona (the "Town ") the benefits of the Community Facilities Act (the "Act ") enacted by the Arizona Legislature in 1988 and to promote the best interests of the Town, the following Policy Guidelines and Application Procedures have been adopted by the Town Council. Community facilities districts (the "CFD ") provide a funding mechanism to finance construction, operation, and maintenance of public infrastructure within the boundaries of the CFD, and to better enable the Town to provide municipal services within the boundaries of the CFD. The Town Council recognizes the ability of the CFD to permit the construction of infrastructure that might otherwise not be constructed. It is for these reasons that the Town Council has established these Policy Guidelines and Application Procedures. Considering that the establishment of a CFD is the legal equivalent of the establishment of an entirely new municipal entity within the boundaries of the Town, the Town Council believes that the formation of the CFD should be entered into carefully, to ensure its lasting success. ARTICLE 1. General Policies 1.1. CFDs should be utilized primarily in connection with the financing of infrastructure for development of residential projects, master planned communities or projects which include resort hotels or substantial commercial development. 1.2. Priority should be given to CFDs that provide an enhanced level of public infrastructure amenities and/or municipal services. Public Improvements financed by a CFD should be in conformance with the Town's General Plan in order to encourage orderly growth and development. 1.3. All costs incurred by the Town and the CFD in connection with the CFD application, formation and administration and operation expenses appurtenant thereto, will be paid by the applicant/landowner through advance payments as provided herein. Payment shall include payment for services rendered by Town and CFD staff as well as services rendered by outside consultants who may be retained by the Town or CFD, including but not limited to bond counsel, financial advisors, engineers and appraisers. If the Town or CFD uses outside consultants as "staff," such as attorneys or engineers, those consultants will also be paid their customary rate for services. If authorized by the CFD board, exercising its sole discretion, all or part of such costs may be paid by a CFD tax levy or reimbursed to the developer/landowner from a CFD tax levy, CFD assessment, CFD revenues or CFD bond proceeds provided such reimbursement is in conformance with federal law, state law and these guidelines. 1.4. The Town will encourage an area to be governed by as few CFDs as possible, and a preference will be given to one master CFD. This policy is adopted to provide ease of CFD Policy Gu & Application Procedwr ra Town of Mana, Arizona Study AdNPtW 44121/97 el 2IIfi utt o n N e of 1 n administration and the largest tax/revenue base possible. The decision to form a CFD shall be a decision of the Town Council exercised in its sole and absolute discretion. . 1.5. Unless otherwise agreed to by the Town, the CFD will be governed by a board of directors comprised of the members of the Town Council. The day -to -day responsibilities of the CFD will be performed, pursuant to a contract by outside personnel or by the Town staff. For any CFD over 600 acres, the Town Council, in its sole discretion, may provide that the CFD board may be totally comprised of persons other than members of the Town Council, if adequate safeguards and controls are in place, as may be acceptable to the Town, to ensure the soundness of any CFD financing program, as well as the adequacy and legality of the legal proceedings and disclosure documents in connection with any financing. Advisory committees may, at the sole option of the CFD board, be utilized. 1.6. Unless otherwise agreed to by the Town, the CFD must be self - supporting from the standpoints of financing, operations and maintenance and no Town funds will be used for CFD purposes. Notwithstanding anything contained herein, neither the property, the full faith and credit, nor the taxing power of the Town shall be pledged to the payment of any CFD obligation or indebtedness. 1.7. The CFD board will determine, in its sole and absolute discretion, the amount, timing and form of financing to be used by a CFD after review of the project feasibility report. 1.8. The CFD will construct all improvements utilizing public bidding procedures. 1.9. The CFD will not use bond proceeds or other CFD funds to purchase public rights -of -way or other real property to be used for public infrastructure improvements, if such real property would be required to be dedicated and conveyed to the Town by the developer /landowner upon development of the developer's/landowner's property. 1.10. Unless otherwise agreed to by the Town, all costs of administration and operation of the CFD and the operation and maintenance of public infrastructure in the CFD shall be the responsibility of the CFD, the developer /landowner, applicable homeowners' associations, or any combination of the foregoing, as may be acceptable to the Town and the CFD. 1.11. The Town retains the right to select all consultants necessary for the evaluation of any application and the proceedings for the formation of a CFD and the issuance of bonds therefore, including, but not limited to, special tax consultant, bond counsel, underwriter, appraiser, engineer and any other consultants deemed necessary by the Town. 1.12. These Policy Guidelines and Application Procedures may be modified by experience and special circumstances. Any applicant will be given the opportunity to propose alternative approaches to those provided herein, with the understanding that concerns of the Town must be adequately addressed before the staff of the Town will recommend approval of a CFD to the Town Council. ARTICLE 2. Content of Application The application shall contain the following: CFD Policy Guidelines & Application Procedures Town of Mama, Arizona Adopted 521/97 Resolution No. 9742 2 Study SAMM8 e dqr195M420l1 - Page 4 of 142 2.1. A description of the proposed CFD including a legal description of its boundaries and identity and addresses of all persons or entities with any interest in the property, and names and addresses of any qualified electors located within the proposed boundaries. A current title report and a certificate from the county elections department shall be submitted as evidence of the names of persons with any interest in the land and qualified electors respectively. The description must contain an analysis of the appropriateness of the CFD boundaries. 2.2. A detailed description of the types of public infrastructure to be financed by the CFD, including the estimated construction or acquisition costs of the public infrastructure and the annual operation and maintenance costs of the public infrastructure and the governmental approvals that will be required for both the public and private improvements to be constructed and operated. 2.3. A proposed project schedule for commencement and completion of (a) the public infrastructure and (b) the private development. 2.4. A financing plan for the public infrastructure, including both capital and operating /maintenance costs. 2.5. A financial feasibility study for the entire project (or such phases of the project that are expected to be constructed within five (5) years of submission of the Application) covering both the public infrastructure and the private development. This should include: a. An analysis of how the proposed debt financing, operation and maintenance costs, user charges and other CFD costs will be allocated and what will be the impact to the ultimate end users of the property, specifically projected property taxes and property tax rates, special assessments, fees, charges and any other costs that would be borne by property in the CFD. The analysis should also address the impact these costs will have on the marketability of the private development and a comparison of proposed tax rates or charges within the proposed CFD contrasted with the tax rates and charges within the proposed CFD contrasted to the tax rates and changes in adjoining and similar areas outside of the proposed CFD. b. A financing plan for the private development in the CFD. C. A market absorption study for the private development in the CFD, prepared by an independent consultant acceptable to the Town. Such study shall include estimates of the revenue to be generated by the development and an estimate of the ability of the market to absorb the development as well as a market absorption calendar for the private development. 2.6. A description of the proposed equity contribution from the applicant/landowner and a calendar showing the timing of such equity contribution. 2.7. A description of the applicant's professional experience and evidence demonstrating its financial capacity (including financial statements) to undertake the development associated with the public infrastructure and the private development. 2.8. A disclosure form which will be used to explain the expected and possible tax, assessment and other financial burdens of the CFD to prospective CFD landowners. Upon each sale of property in the CFD, the developer/landowner shall file with the Town a receipt that CFD Policy Guidelines & Application Procedures Town of Marana, Arizona Adopted 5/21197 Resolution No. 9742 3 Study S$ ,d"gI 2011 - Page 5 of 142 acknowledges the purchaser's receipt of the disclosure form. (Landowners /developers are required to describe in their promotional material the financial and other relative impacts on the development being included in a CFD.) 2.9. An operating plan for the CFD, i.e., what functions the CFD would provide and how the operation and maintenance of the infrastructure and all other services in the CFD would be provided. 2.10. A description of how the proposed CFD meets the existing development objectives of the Town, including the degree to which the CFD is consistent with the goals of the Town's General Plan for promoting orderly development, consistent with growth management policies and zoning requirements and the degree to which the land use plan for the CFD is consistent with the Town's General Plan Map for the area. ARTICLE 3. Aoalication Procedures 3.1. Ten (10) copies of the application for the formation of a CFD shall be submitted to the Finance Director of the Town who will coordinate an interdepartmental analysis of each application. 3.2. At the time of submission of the application, the applicant shall pay a non - refundable application fee of $75,000.00, and shall deposit an additional $25,000.00 as a deposit on account to be applied by the Town in its sole discretion to the costs incurred in connection with the processing of the application, the formation or administration of the CFD. When $20,000.00 (and each subsequent $20,000.00 amount hereinafter described) is expended, an accounting will be made to the applicant for all costs incurred by the Town and an additional $20,000.00 will be requested and must be paid forthwith. 3.3. If the Town Council approves the formation of CFD and there are existing agreements with developers /landowners for the provision of infrastructure proposed to be furnished by the CFD then those agreements will be deemed amended to reflect the agreements and conditions pertaining to the CFD. The amendments will reflect that such infrastructure improvements will be provided (including by acquisition) by either the developer /landowner or the CFD. 3.4. After the application fee and deposit are submitted, the Finance Director shall arrange an pre- application conference with the appropriate Town staff, for the purpose of reviewing the application for conformity with Town policies. 3.5. If, following the pre - application conference or any other time during the application process Town staff requests additional information, the applicant shall provide any and all supplemental information requested. 3.6. After analysis of an application as supplemented, Town staff, under the direction of the Finance Officer, may prepare a report including recommendations relating to the CFD and an analysis of the impact of the formation of the CFD and its effects on the Town. This report may provide a recommended disposition of the application and any additional requirements that will be placed on the developer/landowner and the CFA CFD Policy Guidelines & Application Procedures Town of Matana, Arizona Adopted 5/21/97 Resolution No. 97 -42 4 Study SMq4uf 5 1/2011 - Page 6 of 142 3.7. If all costs billed or available to the Town have been paid by the applicant by a date at least seven (7) days prior to the date of the meeting of the council at which the application is to be considered and if the application meets the qualifications provided herein, the application, along with any report and recommendations by Town staff, will be forwarded to the Town Council. 3.8. If the Town Council approves an application for formation of a CFD, the applying developer /landowner and the staff of the Town shall coordinate a schedule of events for formation of the CFD and shall negotiate an appropriate agreement between the Town and the developer /landowner which shall be entered into prior to formation of the CFD, which shall incorporate the requirements of any report, recommendations of the Town staff relating to such CFD, the requirements of these policy guidelines and any other restrictions, provisions and agreements required by the Town. 3.9. In the event a CFA is not formed within eight months from the original date of submittal due to the Applicant's failure to provide requested information or to further the application process, the original application shall be deemed dormant. Attempts to revive a dormant application shall follow the same process and procedures as an original application, including payment of all application fees. ARTICLE 4. CFD Operations and Debt Financing 4.1. Upon formation of a CFD the developer /landowner shall deposit with the CFD a non- refundable administrative expense fee in the amount of $50,000.00. The administrative expense fee shall be applied by the CFD to the costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administration, operation and maintenance of the CFD or its public improvements. From time to time, upon depletion of the administrative expense fee, the CFD may request, and the developer /landowner shall promptly deposit with the CFD, additional $25,000.00 deposits to be applied to the purposes contemplated in this Section 4.1. 4.2. In order to provide for the CFD to be self - supporting for its administrative, operation and maintenance expenses the Town and the CFD, unless otherwise agreed, will require the imposition of a $.30 per 100 of assessed value ad valorem tax upon the CFD taxable property. Failure to impose such tax will relieve the Town and the CFD from undertaking any obligations or operations. 43. In connection with any request for debt financing, applicant shall provide a current appraisal of the fair cash market value of the property within the proposed CFD which is to be taxed or assessed, prepared by a person who is designated as a Member Appraisal Institute ( "MAI ") and a certified general real estate appraiser (such person hereafter referred to as an "MAI Appraiser"), such appraisal to be in form and substance acceptable to the Town, in its sole discretion. Generally, the appraisal shall be based on the wholesale, bulk sale of the property in the CFD. CFD Policy Guidelines & Application Procedures Town of Marana, Arizona Adopted 5121/97 Resolution No. 9742 5 Study S 5 � gfld&?j /Wo11 - Page 7 of 142 4.4. The amount of debt of a CFD may not have any substantial direct or indirect negative impacts on the debt or financing capabilities of the Town, and second, that the debt.imposed on the CFD not impose an unreasonable financial burden on future CFD residents. 4.5. General obligation bonds of the CFD are secured by an ad valorem tax on all taxable property located within the CFD. An applicant for general obligation bonds should describe in each project feasibility report the following: a. The current direct and overlapping tax and assessment burden on the taxable property that is proposed to be taxed and the full cash value and assessed valuation of the taxable property as shown on the most recent assessment roll. b. The amount and timing of CFD general obligation bonds to be issued. C. The expected market absorption of development within the CFD. d. The effect of the CFD bond issuance on CFD tax rates, calculated as of the beginning, midway through and at the end of the market absorption period or based on the phasing of the project to be financed, as applicable. e. Estimated savings, if any, to residents in the form of reduced sales prices which are projected to result from CFD financing. f. Any plan for subsidizing CFD tax rates. g. Whether the bonds will be publicly offered or privately placed. Publicly offered bonds must be rated in one of the four highest investment grade ratings from either Standard & Poor's Corporation, Moody's Investors Services, Inc., or other nationally recognized bond rating services. Privately placed bonds need not be rated; however, the purchases of such general obligation bonds must be "qualified institutional buyers" (as such term is defined in Rule 144A of the Securities Exchange Commission) and must agree not to resell the bonds except to "qualified institutional buyers" in a private placement, provided, however, that a purchaser of general obligation bonds in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.6. Revenue bonds shall be payable from a CFD revenue source. An applicant for revenue bonds must describe in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on the taxable property within the CFD and the full cash value and assessed valuation of that taxable property as shown on the most recent assessment roll. b. The revenue source from which bonds will be payable. The Town reserves the right to require the applicant to produce such independently prepared feasibility studies or reports as it deems necessary to confirm the amount and availability of revenues. C. The expected market absorption of development within the CFD. d. The amount and timing of CFD revenue bonds to be issued. e. The financial impact of the proposed issue(s) on prospective residents. CFD Policy Guidelines & Application Procedures Town of Marana, Arizona Study s4ANfPd kArMW,, VW %9 *oP1^ 6 Amended 1115/04 f. Whether the bonds will be publicly offered or privately placed. Publicly offered revenue bonds must be rated in one of the four highest investment grade ratings from either Standard & Poor's Corporation, Moody's Investors Service, Inc., or other nationally recognized bond rating services. Privately place bonds need not be rated; however, the purchasers of such revenue bonds must be "qualified institutional buyers" and must agree not to sell the bonds except to "qualified institutional buyers" in a private placement, provided, however, that a purchaser of a revenue bond in a private placement may sell the bonds in a public offering if the CFD board approves the public sale and the bonds have an investment grade rating. 4.7. Assessment bonds shall be secured by first lien (subject only to the lien for general taxes and prior special assessments) on the property benefited. Applicants for assessment bonds should describe in the application and in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burdens on real property to comprise the CFD and the full cash value and assessed valuation of that property as shown on the most recent assessment roll. b. The amount and timing of CFD assessment bonds to be issued. C. The expected market absorption of development within the CFD. d. The assessment burden to be placed on prospective residents. e. Whether the assessment bonds will be publicly offered or privately placed. Publicly offered assessment bonds must be rated in one of the four highest investment grade ratings from either Standard & Poor's Corporation, Moody's Investors Service, Inc., or other nationally recognized bond rating services or in an unrated public offering, an appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the CFD board, in its sole discretion, shall indicate a land value (prior to any private or public improvements being installed) to debt ratio of at least 6 to 1 prior to the issuance of debt. Privately placed bonds need not be rated; however the purchasers of such assessment bonds must be "qualified institutional buyers" who must agree to hold the bonds for their own account or agree not to sell the bonds except to "qualified institutional buyers." Further, in connection with the sale of unrated privately placed assessment bonds, the CFD board must have received an appraisal of the land to be encumbered, prepared by an MAI Appraiser and in form and substance acceptable to the Town, in its sole discretion, indicating a land value (prior to any improvements being installed) to debt ratio of at least 4 to 1 as of a date prior to the issuance of debt. 4.8. Notwithstanding the restrictions pertaining to public sales and private placements of the bonds set forth in this Article 4, the restrictions may be modified if other financing structures are presented which, in the sole discretion of the CFD board, provide other means to address CFD concerns. ARTICLE 5. Financing Considerations 5.1. The applicant or developer/landowner shall provide at least $0.25 in infrastructure or community improvements for each $1.00 of debt to be issued by a CFD to finance public CFD Policy Guidelines & Application Procedures Town of Marana, Arizona Study S@�fl®Eid,�9d.$Ba@ 7 Amended 1115/04 infrastructure purposes. If agreed to by the CFD, prior infrastructure and community improvements constructed or acquired by the applicant or the developer /landowner and benefiting the property within the CFD may be included in calculating the applicant's or developer /landowner's compliance with this Section 5.1. 5.2. If allowed by law, all bond issues shall include a debt service reserve fund in an amount acceptable to the CFD board. 5.3. Privately placed bonds shall have minimum authorized denominations of $100,000. 5.4. A general obligation bond authorization for a CFD shall expire no later than seven (7) years from the date of voter authorization. 5.5. The applicant, developer /landowner (or such other third party acceptable to the Town and CFD), for any CFD bonds, shall indemnify the Town and the CFD and their agents and employees and shall hold the Town and the CFD and their agents and employees harmless for, from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, incurred in any challenge or proceeding to the formation, operation, administration of the CFD, the offer and sale of CFD bonds, the levying by the CFD of any tax, assessment or charge and the operation and maintenance of public infrastructure financed or owned by the CFD. 5.6. Unless otherwise provided to the Town pursuant to other requirements, prior to CFD financing and acquisition by the CFD or Town, the CFD or Town will require an independent environmental report or assessment of any real property which will be dedicated to or otherwise owned, leased or operated by the Town or the CFD and a proposed form or indemnity agreement with respect to all environmental law liability. CFD Policy Guidelines & Application Procedures Town of Marana, Arizona Study Se"MtVJuS{ W72Bf§OJWW*& 1 8 Amended 1115104 A1�Al` 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, June 14, 2011, 6:00:00 PM To: Mayor and Council Item D 2 From: Jane Fairall , Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Prese Relating to Mayor and Council; staff presentation and discussion with Council regarding laws and policies that apply to Councilmembers, including Arizona state laws regarding open meetings, conflicts of interests, public records, incompatibility of office, nepotism, financial disclosure and limitations on entertainment and the Town of Marana Code of Principle- and Ethics - Centered Governance Discussion: Staff will make a presentation and lead a discussion with Councilmembers regarding the parameters of various laws and policies that apply to Councilmembers and their activities as public officers. Financial Impact: None. ATTACHMENTS: Name: Description: Type: 17 Handbook.pdf Council Handbook Backup Material Staff Recommendation: None. Suggested Motion: None. Study Session - June 14, 2011 - Page 11 of 142 i a A►RANA /I Town of Marana Mayor and Councilmember Handbook June 2011 0 U m a U C I C Na \cue t O c e e V c �mzx yc� S Ti ti . N a 0 �n m m a 0 N v v c a v T a 7 L Q V z Q O 66 alp • r � z V = o 0 I SO a L o . a 0 a w 0 N V_ d V W Z Z • Z Z V) O c m d c ■��• ° u u W • Q Q Q in ones O �U W xz c'n u om = az ui • v C « u { u s u L L N w O -a 6, y cu Z m E o m 'o c.c a(u o m ? L U 0 T L C d y to Z Cl aj 41 3 a o r c u to N m u N a a o m t Y r w t N t = o� m m i " b w 0 m a y c Q v s„ E a c o c a w d R1 E a L o c Z N Q E z? E a a Cl m D m u E O E d a W C m m W a. a, 'c C _ C p C ,O C a O m w :_: w m G, 'ry L to N a M E o c° d .. r c ° u u v n" ° c W m m y 'o N , 0 Cl Qj Q Lu - a 00 c N Y c o E ? w « Q of o o u o E v a E E n c c V u° o o u o L oa o W >° ; d E 3 - a a c a y+ a o� LL r c s o > °-a t �' O W O c a C) « C Y c w pa c .O o o a o o c y c. «> r y 0 Y " O a N W a L m 3Z r,,, �� c m °� y c m E .M m o L m a+ Q a « v N ° w E a a, n d m a m ! W v E a; m e a E v o ' v o _" ' ` -1 ° o o o- o E? c 0= o d a u E c r a. c o_ u o c a a v _ a a m u m L r a N m V m v n o o c v o N N '� a a v u n Z c L o ? c n , T o r a o Y o c m c m v E a aV c d m a a a o `o v u o N 3 v o o' > U. u '� c v :L a p > '� '•�'• $ V '^ m m a te, O v o E u m m c m E-o I N a, oa m rs c c, a v c o t i E a' N 0 ` 'o ° o o v s o n c a° c L L> Y 'a L a O no E L N c c '- c v m -a N n .E 'o c m y U m m m o m c m o Y 3 00. o L L C L m L N L O O am. r CID ` u r`a O > 7 c v v o Oq is O N d Cl p O p 4- c 0 " L Cl M L c O v L C ti ! d ;° G d C: o w E m y c = m M 6 v O a r- o o W �c -0 c Q v m ti c • a o a Y ' 7 w > a o N +? m > v E o LL c t� m r N i in T O O N O c o "0 Q °= m n Q! . E ti. N n 'O 7 m N Y m y ti 3 c m v -0 m e n o a r o m x m O C O m O m m = m N G -o m L -0 x a E c 3 N c s £ E c ar 3 Z 2. C 0 7 SO s •O m C O? m o ? 7 N Y C two t d C_ r c C_ a E Qj • +- N m .0 W CJ C u y C O• cu m W A O u0 C> ^—' C 3 u a T 3 w a V y c c y O m v m O d Z �• 3 .m c i a m •0 w L Y jQ .' L r Q u ar a M> a) O C V ti O C aa) G 'O i C 7 Y m d Z GJ v Y '61 m m m C C 7 Q 7 �' W w c v L - c o m° - w r a L Y _7 'Y O O o C m C O m O d "O m V v a 0 Ql ' a) N` A O a) N O Y L Y m '0 Y C LU W � � c Y C r E C � m W C C i m y v 'O N c L io u 3 aj Q w to 0 p? a 3 o r i > u rn 't v a) m OC V v .• £ a w m L E E c • Q 0 F° c L es C£ V £ =O i 00 £ o 3 O L L L v 0 'YO _ £ C N C LL = m V a c is O - d 5 W E V d .~.1 o 0 a1 . �— N O 'O O Y Gl C L N "j V Y •� V C N Z w `_� - p N a, M s c ai .00 a c z 'o n c L v u v y c a L E ro m c c o o m a m a o 3 z w a= .? c c Y u u y C a Q r.+ aJ ur 'i d 7 m 'O m O aJ 3 C • a 'N a, H d Y c v m u c f o o ar a E v o o H W • o i a, m ` ,o c o n es c o J > a T d Q m£ : 7 m w v £ v n• v `° v ,.- w N c a b e 7 C 'O `" ,n v £ m c a� Y V • p .Q 0 ° a = c c o E E o c n - v Z c. & c H' o m E a, u m d o r c 'a m o m 'N vNr c 0 E o ,,, m c > c w < _ y c c d aa) c o° vL•� E :Las �'� c o c W v` ° z v m£ 0) a V° o o E D o o w o w a.c au ova°'wuah -0s W • O v 0 C •O V C 7` V r v 0 m a V r Q 0, m r E r d w p - v V T u y •6 00 _ N >• u y m T` Y C � L 0 �o 0 _C m W O N N C C v O d 9 V c u 9 n_ a) o o C y v o 61 C .� ' -C c = O W O c O p c o a 7 c 2 is w m W C L a .� m a ro CL C C n • • • N C3 '- N a n o C C � y d T a r B a, C a a° a m ` '0 m m N u a n a+ a N Y c H N c c V v y o c u c n £ N O N p N GI > •� a N T zz £ o m ° c a w m a E a a o Z E o °� v c p E a m d N D L to y r C O a C a E z m o a O. V C a G 3 3 0_ c m a 0 E o p a E N a C c a s m u E o c .0 .`�.. > a Qz O u E c a U d O m C R o ? E C E a ° N 0 ° u °- > o n w E m c > M o° C a a ° o a to oo c o m m a Q u W vi O C u° W 'C a c •- - O U c> v >M Q a t a E c N N N Z G v m c m ._.. m .c C `_u w a a m-0 C O Q N m vN 0 > 3 c o a E E u to L c m Z m v a s s r m m n E a$ r E 0' c m a p C 3 y Y C E O u J O C W 'm C a s c N ¢; m O. m m u H t > a o c E ° 'L a y a c r a Q `^ m m o a ° c m° o w m g a o a u v a V E N > _O tz C N O O .0 O p ° £_ 7 0 0 p a -° aci y m y a N w w N m> C O N ° m Q to c a a c o o r m u o o ° 0 O c W 7 j ° c a u j O a m a c c ,cr 3 Q Z Z> a L > a ° r _u m m E o o a Y v C a > C: a s Q W c .p c N a U U m L N m m w U m s m j ' 3 a c c° u c 7 c c _ ' E r • < U 10 0. U ° 3 N E m m o Y ° o a > 3 V a� m o m o a E v v u m E y m m v _ c LL 2 c M m` c m E o c N o o u £ � w n V N N m s U a _ Q r N u a v : t o W c w E a -0 c Z d a+ 0 0 m c m 0 = o » c m E C L a@ 3 u s a s .a > > p n E Z a x p p u m C u G u x u a a .O 0 a Q Q u° a C c a a c N a N a I N N v C y 0 Q E L 0 C . O a j, 'C .0 m Y H C ui o a o w o o r m w a 'a w as ° °n s, c s m E m m C t9" c a c u u m a c t' s 0 0 b' c a s d C p N m a a a . £ p m m o W 0 c '� N m M a u °- c W a 0 ao c a Q ° a v t _ c v s .-� E c E c a p o m s 0 3 c U > N m L '� Cl u E_ a m La a c c c. y -_ D m° n u c o_ c m E u a c u R o o L, o Q o 0 o m o O m o m m a 3 0 U Q) :' O m m " s y a a c w c c o w t' `c w _m � c '_^ a > u m �a-. i 'O 'o ._ m a a u p �^ u d C u a C C m p, a m> '^ c C a U c rn CL O� n3 nv vm ? w mE a° ou°.c'a a N c - -0 a to- o a O `o � = m c GI � y a a • �- "0 a - o � L .r a p m L o =. c r U V .p f 1 O N N c 3 c p N a o E 4 c o c a v p a ; > m E m a t; ' C' p m z 7 t °u r c i v v o° a o c > O E y w E c v c u m y e E a 'o z „ c v v c c .o ° o a u `0 a°$ c v _ _ _ c o ti v E y a� 3 °; c v E o d c c c p a 7 w N 'E H E N cc N m L C U N y 0 y d H j ._ L E � � d a m O � N« o �+ C O u G N Y E .0 t N u oD to ° F, : o o' v 0 w 0 C o. y o` c V v c .c N v p N m o a o c m Z 6! 0 0 C 61 !6 m U C 'O m U o v U y Q 3 a, n a n v `c c c E Z 0 a E _o u c . o m o m u m QJ g n ^ v u> a N o c a 'y ui 3 c o E o n n a v m t o .c w E o cu o C o v c y d c u -0 9 y y 'u .� N u E a N v — a l7 ,c c c 3 n° c m o M 3 c a p m t N L O p 0 O y y p u c . c n r , m O s D o u° i ° 0 m a E c 0 @ W c\p c m r m 0 d U O o N 0 .L.. j C C 6� W W N O N C a c: O W v .� d d .0 0 a 0 (U u u y m o Q ui N o 'O j Y Z Z =' v y s v ti a a a y c 0 r Q 0 v w° m u v m N v '� u a 0 ui o N r 0 'E a a a m m u 3 v u v .o E Q C' U E m E C CU d c c 3 c a n .c ° 0 v • Q v� u 0 0 a :m o v a a N m- a s V o O a 3 0 Ow c u O w E a v N m e a E d m C O > p� '> E, . 0 y O ` m N m N N m L m '� c W ti 2 m c u .4 — s Cl E c m > u o a o= a m O 0 E v O ui y c .N c m Q m` '3 0 3 a s ,`-„ E> >, c o v c ,� a 'v c i — c r o Z ° c" o ° E N o o ' r ° E _° v °° °u 3 z t 3 n c c .0 « 0 c o a O a c u c m m a W f0 m c.0 =% c C d m L „ a 7 y c N o c m J C U N v U I >' fE - O E to N N N� O� a C C a 3 '` a Y ` o y w m v c c c.� u y w mm v 0 0 I 'O m x c 'o 0 L„ .. ` .m`.. d d" N m m V ~ o c c E u o ° c o u = c v y c E a o c v c° Z c c N o c .� a c c E ao c y p 0> m 0 N c r c v 3 p o m .N ; p J L Y v d A p C tL/t i O O ' > a' O? �' > w> L ti v O LL v , p 0 0 C 4i 'O A o O C m '. ' u Q O > O .� O O a E c m «� o m' E � yo c o o n ' c Lp Q E °� E ° v 0 c °° y r c H° a c c v ` — ° ` m o `O 2 a° c d v c 0 3 0> N .0 c E E ooa O o° E o u m u U c L c :° E 0 w m m U V y o 'N A C Y C O> ">" w .O C O o E t N v, o ° u 3 0 . E N a a v E y 0 3 n N o u u u d v o A E Z v n c o o— ° u' > o a w o o E d w a u u m c m d o a .c a o `^ o s.0 L.. -0 a .:°_ n m o v • • a `O • i • N U Q m � C v >' N W T 9 J N • C i an d `r m ro yj m c -`• O d ° a raU C c C d �+ 3 d �+ d t o C 9 v+ d m ro m 0 0 _ ~ U 7 2 d O d ' ` O. C d 3 O= D' t m a M ° C o m v d ° m E A m o c CL Z h vi A O c r O d O d A d— V 3 r > d d d a t > o c c d 'u c u c < E d m C y O E o L -. o O° ,-1 O° v ro i Z O m m d C d E y _ U N G d u 0 Z 7 .>. E d r d y !0 a C C m '_' l > C d ✓i ., E � 3 C C O — u a d 'a m a c y u c E 3 ,,, y w c > d° o ° £ w m E 4 E ?+ o d w E v !° d d d u 1- u" C E _� d 0 Z 2 u y c 0 0 �' > Q O C a`. O L .. N d a E .0 O. Q v c O u 7 m c m l m �n - d �n a E� d c c :° �° v d o E m a u L c Z c v o m N o c d a, c° .M o c, : m E u Y�° a m w c o o N Cl n o .� > N a o c . y y E o v i 0 m.0 = o a o' y m n o 'y > E y o 3 0 vm E c� H � c a c o d E n v c m�� U o 3> o _ � u . H O >, V O d 'i CL 7 C vi y w C C �, w 0 0 d C a z d c w O c O A E O m 1 V d N O C u d E 0 0 � m � m ui .L y ,O C O r O d '° ` w m .D L O v C d . c L v Q O 3 i Z ; c c c = y a c d° d o m lZ u d O� d d O C d E Y 3 m O v d 3 I m y d c a C Q v .N - y E °° y o c E r c m o y °'- E m Q I r> > d d m d a w o E y `c E a %> • of V � w `m o I d w a u o- 0 U o v 3 1.L 2 C m R i 'O EO C C E v U y .n m F m �n an d c O j O a d �n d N d u D w` Y 'O E o - L d j w E o , a Y u o E' g u w c ° d , X> Z p o Cl . CX I m o 'y- O o 0 -z >a >� c m e CL 3 Z j o d C C O ^ O 00 n d d d u O Q c> -0 o o c, � d 3 0: . m m `- C V O m _ c 0 r Z3 0 W d d 0 .� 0 �[ d 'D O d 'S7 E m C C ° m y 0 I Y m ro s C r. u C In d 2 n> m O '^ ° in .✓ J O u d M 'O d d E 3 v .O 'C ro O N m I m E vI > U y m p, 3 N C v ❑ v c o d >> n v Z > a= ° = u ° E w m _ V y C I an d m C 0 - O 4✓ u Y C° .O " C M .O m v, � J O C E C O !� u • u C d ] . , 7 Z ] u C d O m O d O 0 m O N W v 3 E d d O d o v m °' r E v :° y d v c E o a t c o c E y c f° c o d d= M y d .� v 3 a v d LL b o ;' c ro a C N 0 G.0 'a a c° a " w j L $ f . £ u [ L m „ E U O d ry m '(D W ' J N C o y 0 3 d d 0 'O c d 0 v c v c o 3 1 W M N w o c a 3 ° r Y C> a o �o omv ° -Edd d0+om o ��' z 4 9 d u O c ° d m m c Oi p d U C G c0 R N a vi , `o CL w r E c o D a E E c r w e rn d w y d d o d E c 3 o E° o o d m x 3 d o a [ w 0 "O G I i y un O u , $ i 'a U O u .°: $ v u o a O o CL • ♦ • • • N 01 N C O y N T a. ', ✓ u 7 i C° �i � H C O C t v c N a C Q, m C L V .V u a y ` O E 3 ° o W c 7 C u N n p m = i. Cr `^ L N n a c fr1 a° o a v; o w �' , to Q -z a,.o v a "s ( M,E m= a Ears W a Y s E v C C o -o u t o m ti U E o - y - s C _N o> Y 3 0 Z Cr N IO N v a .0 ° L ' Q a `a c"> o is m Q, V 3> Co o0 Z w �a o �'� 3 ' 'v a) o w-c C a 7 W pG E m E w v E v m ° u y v N T a LL w O d C i N N u ar E s a u o Cc °' ` w C u ( i N p U a' m s Q l9 E o m L v O E t N a _ f •3 N Q s ° 3 L° o" o a t C _T3 u ° a� LLJ G V Cr 'D Q✓ al a a ' O. u .v ° ? C O c 41 ui W C a O Z Z o° E y O o m N r - � a =' o o N d C d 3 . Od t C U a a v .� i «_ y v c 3 o C m ° • < E E aj �0+ C N E 7 in u d y T m '�. Q _ ° o w E a C E v U ° D m s O u C ,,, ° O u ar C 0 m c v a C LL 2 n m J Q v a 3 c u ._ y c v r 'D E .[ C u Q N a c '° N Q1 N ZO 0 'Cmn wa,om °Q L >, ..' ar C .. N O N = O Z > ti ° ti Q m s ° .� 3 = u m s o O Q L N C Y E 3 C i N N 0 Y C QJ C L _o o c ar .n v t N 'D a F... ' > N �[ ° y vi !a E O O C R N 7 C C "O W m N N N C C T V '� C .'� O 'D E LL C _ Qr u N N Ga N C Q) d y Z m�a s°i. y.'.m,Ca mo = =� aj 3�v� v y c ra O `o °�° o-C ra °' v > Y r 7 CJ > a N O a ar i> Q 7 w 0 d o. N E T v �. a s o 0 N a > u 3 LL U O .. O Qr N ra O y G W C O E C M T Q 1 L v E H m M > 3 0 r v a£ m u E 3 c rQ N p E a O w .0 C m o m a �a m N t . m -. " v p T c C `a N O _0 'm o $ m L ° o a c N s T V C . m o f u o re D O N N u O Oa C C D O E o N C N a 6: N C _ O 3 a E a o E w' a° 06 c u° 3 w 0 S ° E v E m , 31 u 3 o o m D o ._ 9 a a C> o m Q o m 'D C E o • C ° a V Cu C ' V O y O N N N w ,_N pp E u N O Q N m N L d m C o f .E J f6 ❑ aJ (L (Q L Q ° E d E N 0 d N' a m� 3m Ln ° v a E • N o m CL a ¢` : u v T 9 N L_ c j P. c �a 0 o d v o _? c c c .a an d> y `o a �> o m h o o c c° 3 b y v LL L u 3 3-0 o v E L c m m C N> v° = p o a o- w E m c r o m N ,N m a m E a o_ ° a, a E< c >> « N ° c r E a m N 0 3 E a - 0 d.0 y ' - G v > O Q v y v O o m 0 c E N c t o o o m 0 E c a r E z c W L m a o a `v' d vN+ m u ,u . O p E d o u o c ar O N y u O a io y u Y a OJ c� c D > m v u C i Q o a o v u y o. ° ° CL c E v° n w —° C u c .0 c Q c ¢ a E u W u E m m c Z u N a m v ° m y ar u_ c aJ .=_, W O O ^' m N U y l 7 ° E m E - a, a �_ .- o E o a < w C 0 a r i > m c al 09 0. c y G m0 O R'D C7 s c c 0 N o n` m> v o a= p i 0 :r m C N' y O 'D O �n u j m;> o !p N �W a ° O- � a ' N O c u c a a° y O m N p • ' c°- C u y m m o m rt1 „ 6 L y > C v u Y ' o`a G 6, W 0 > u ° u; v '� v .E m 0 E Q H C ^ . 'O u C> °D 4✓ v N a p O 0 a a m N a c o n a-= 0 o s o E > Q W o L v` m c N a> m m u v w o a u a y '� y o o u Q o o c c o y u c m ti a a >> E v a> m 3 ° p 0 p ° o v o as m x C a p m a o m o o d u m N u w 3 a, U. _ _ N — U is > .O c a! .p L T m a1 . CC 0 c vi u - o a M m o o a a, a y :, a v L w N n� W 3 0 c E ° L a m n v o f v N u u E N Z p o E Q v a m ?° o ° p m o m N 0 n o c Z =° c° v E w m m '� m L c y C p_ p y 3 c o O a c E c m c o a ° v m Q o c o° '� o> E - p °° a u E c n N m° w a a p u o a v ° y 0'3 E N'�'c c _^� o s n v a s E s� v m o Q a o 3 o a+ v m a a' L° E o 0 0 c m m° a a a s 9 N E p t v u ° E > o ° u m m r v 3 ate, E y a o o v Z u > 3 m c a c a o N c L o u w N E o t .c a m a o .x 3 Oa u t o v c C o 0 v N c N p 0 p m ` L a, t E 0 N d a m m a m a m '� v n Q w m° h o a 3 ° o o m 0 E v' o> m > v a E v a cr v c u ^ c u o v m O W c c c N ° u a n° 3 N E v 3> o o m m = o E N o : r c _c o o v a c E° —° .v a' u o c W m u c c _N d c a° E a c v° a° u a, °° ° OV o ' a N c m E d< L o 0 ° v E a >? m a u L a ° Y N m .` c j u c b m «. E ° •o v «. o m o Z ° m= ¢ y ° Q v ami N ao v c a o N 0° 3. E m> Cl " a y v `o o c c c s o c m ° o o o a j 4✓ G B> m D N O_ N � h E a! c u E o 0 uo v E N Cl ° c o a E N o E r .c E c c o c m o o E E c u n C a• ° 'N 'a ' n o '� i b y O �.- m 4 Y Y . O O O 7 O— 7 O O N L X N o E ° u c° a - 6 a v O u a a 0 E � a s � tD V D w N m T a N i m v a C — w � — C c z Q. 0 v o a u c c a` E v u 'p z w u m o o £ u o n y T 3 O N C N_ C O C Z c 3 L O c ` E> . d O N I a � c `^ y Ou l L L o W O W O ti. to H O U 0 0 n O N a p 4✓ a, d L >> Z c w H s u o �� '� £ E 0 m y ° c a Z 0 3 u a> II a a° OC N" o a v o 2 E v> o c 0 a y c N u o o a ° u u r < 4j > 0 no _ l7 E m> a N n N N '� a ° c O p z d W ° c E o 1 L o N . p a p� v a, E ,,, 3 '" a: .c > ' E a Q F E a ° E> £ x , C, o u a Z Z o y c 3 m m o a' a, u o � 4 , c w CL N C m .� .D O N O L O a °° 0 0 o Q o a L .£ 3 o 00 (� N O W E y Q o rn y° � ° 3 m E c m O C G n O '> 'O (; - m ar 1° vi Z p u o v o c N 'o c N a, E E W c o� 3 z 7 N E u ti a n v — m O Q ma a+ N ,w U al — c N al ' u n Q F a O W a i c> a v E C c d a v m> U ¢ a, `— ' m 3 0 c a a o V > v ° c° ° a = i ° = C a c O _ Z L . i v ° 3 moo .a o Y OC °° c O c N o E N a 3 w a u E o n e LL m m = N £ a 1 2 u a O o c v c v° o m c o o N Q E W a v m> o o a, o c ,� v N> o C ; '9 u 0 ;r g > o o N m n O a n Q ° c �° c `a o w E v. O E c a, a, O 2 C v a V ` m o a o a° o E' E y t v � a= o c E o E n ry u _ _ Qj E a c p c> C M t7 W °c = Q-6 c o o E O m c a o a£ ;`c u N a= o o is .o C z o ,a o 'o a Qj m u 2 0 m l a c .o Q a, y n :: N c c c c c `3 0= o a E v 8 = "n 3 0.' o 0 0 N E c ° 'u £ n o 'Q S a 'o a 0 E 3 0� a d to Q. a F-..O ° F ° .� a ° 'O G ° O O • LL N d N T a rn f 0 3 m O v m m c ° o _ >, m _aS a c z Q > --0 v a v �o N a y N o m O v rt c c v _w r v N c v _N 1 E v a v y o n °£ l c T 3 �n a 'in W a= L Y N x £ O p 3p P m C c , v t a a°° c> £ c s v N _ a N N n v E N E m m £ 3 = N v ? m v o E u E p> a N m i v e `m m a w -0 c m ,o v o > _° o o ° ° >° o = o p = c ° m -° u y c c E y p a N N Z a .a o c A -° a£ 0 o m m o `= N u u- O d v t Q i 3 H A o= o n £ cos m : a fi _ t 'u o m a a " p w • a E ;c �, c c f0 H O O w a m w V O W L O E C m V O m E V c a m N C u 0 O M 0 ° C C u O V = S d U w m > N o a � v °u o _ 0 o . Y v E v E m o 9 a? v m w e c O v' 3� c 'ZA M E E a m u o > a c 3 s 'v w '- = d v„ 0 Y m m car 4 -0 E mc ° v 'o ° 3 no 0 o c ° E " E m v a H ° m q o , Q w c v O v o a 'o m £ v a a y o E N u 4; m N LL m p Q O w u m m >` ° O L vi m . Q N N C c E O L y U v v o f >v d v o v> w c o v E v > > > o m o 0 • Q v7 m o a r$ S� U o _> o E N a v.n V v 3 v LL = u= a 0 c u o w v o v E o c c c y 0 F- w u Y o m c v E '� E m v a1 c, �+ v C. c - Z u °' _� a Or m a m- m O L 7 -p y 0 '° c v E 3 Z v U N Y p O` c m� �, o c a y .c �-• m n c m y Q v n c E£ O N` u N O v O W m N x � in N m N ° 'O W O O C a u • a = L O a C C Cl J �n Q i "C u u> O .�". O> c 6Ei u v a .� ,� w. -° o > c o v 3£ .c y U .N c o> m °` m v m 3 w >> Z o c r. w u v c N v m N r v m m .0 E v = m c _� Y E v w .0 m o �- v t s [Z N d u i O p .� a jE c O a I u( 0 CL C a C U > ° p 0 0 v"i G y V �'_" 'OO L a> 0 0 LL o E p ° c o m 'o N c `m 3 m sv„ o Q1 N= N£ u N a v c °' v o E w = y v 2 = v v c o a= o Q w e a a a y r .0 M Y y a a o N c � O `" u Ol m 0 ° C O 0 v c- o c m t o v a N H N v o 0 c m 6 ° = y a a c . O U O u a' 5! A o a" a m m w c A y v -0 aci = m CO o a t p o o N O o c v "c c- a a = c v c v a v v i y d o v v °= a o E m a a o c o o E$ N 0 °i 3 O O L (a U . y 3 C N N y N w Q y v m O p X c v c �+ = E o c a 2 u v -0 m Q v -0 H u m O 1 Q td V 4i o N Q. d a N i i • 0 > E o c > e 0 0 O i L > u o 3 O s c y = a q c `o v E O y m aj U c a E n v Z a T v+ > Q O Z l7 c L 3 0 ,o o °_ 0 6 w uo >o a W . v 2 Q - > c U u a o ry • Q y c y u LL 2 3 c0 v �^ — O W c u V p Z 0 Z -00 U Z v w e O a o cc c c H J > w 0 m u W > v a ta—1 a o o `o L Z c v 3 o _ N o ifs N CU L N d d c a o a w w a �? E .�0 O ON �E o u E w c c E 0 W 0 U O n O m v c p ° c o E r o U v . i C 0 N N L u d C vi d o £ z c • v G u � ' N N N T a Marana Strategic Plan - �"i° ' .�....M Action Agenda for the Future q ARANA Vision Marana is the centerpiece of the Sonoran Desert 0 . -',' experience, where fun and progress meet. Overriding Principles Financial Sustainability Collaboration with Citizens a t, Developing + Strategic Partnerships 4 Strategic Plan Online Five focus areas Want to see the .. Build upon the unique combination of assets to attract and entire • :: maintain career - oriented commerce. document? Visit www.marana. COMMERCE com, then click Create a safe community with Foster an open atmosphere on Community U a strong sense of place where that embraces change, and Marana diverse people are motivated creativity, innovation and Strategic Plan. COMMUNITY to be involved and feel PROGRESS calculated risk. For more BUILDING connected, needed and ap- INNOVATION information, preciated. ® Showcase the unique So- please call noran Desert environment 382 -1938. Maintain a sense of commu- by providing diverse recrea- nity character by linking the RECREATIQN Pp tional opportunities that past, present and future. create economic benefits is HERITAGE and accommodate a healthy lifestyle. Mayor Ed Honea • Vice Mayor Herb Kai Council Members Russell Clanagan, Patti Comerford, Carol McGorray, Jon Post and Roxanne Ziegler Study Session - June 14, 2011 - Page 25 of 142 MARANA RE murION NO. 2008-96 RELATING TO MAYOR AND COUNCIL; ESTABLISHING THE COMPENSATION OF THE ELECTIVE OFFICERS OF THE TOWN; AND DESIGNATING EFFECTIVE DATES. WHEREAS Marana Town Code Section 2 -1 -8 provides that the compensation of elective officers of the Town shall be fixed from time to time by resolution of the Town Council; and WHEREAS a Citizen's Task Force appointed to review and make recommendations regarding Mayor and Council compensation has recommended that the Mayor's annual salary be increased to $21,000, that Council members' annual salary be increased to S 16,400, that Mayor and Council members receive a cell phone allowance of $125 per month, that the Vice Mayor receive a vehicle allowanoe of $275 per month, that Council members receive a vehicle allowance of $250 per month and that the Town purchase a Town vehicle for the Mayor for official business use, in lieu of a vehicle allowance; and WHEREAS the Town Council finds that the recommendations of the Citizen's Task Force will provide fair and adequate compensation for the performance of the Mayor and Council's official duties; and WHEREAS Article 4, Pt. 2, § 17 of the Arizona Constitution provides that the compensation of a public office shall not be increased or decreased during the public officer's term of office, but that when a member of a multi-person public body begins a new tam of office, all members of the public body may receive the same increase or decrease in compensation; and WHEREAS the two -step process set forth in this Resolution to adopt the Task Force's recommendations meets the requirements of Article 4, Pt. 2, § 17 of the Arizona Constitution and is in the best intetests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the recommendations of the Citizen's Task Force. {00009sotnoc h - 1 - rJUrmos seer eat rr fr; Study Session - June 14, 2011 - Page 26 of 142 SECTION 2. Effective July 1, 2009, the monthly compensation of the Town's elected officials is established as follows: Salary Cell Phone Vehicle Total Mayor & Council: $1,367 $125 $250 $1,742 SECTION 3. Effective July 1, 2011, the monthly compensation of the Town's elected officials is established as follows, where "(Town)" means that a Town -owned vehicle is provided for the Mayor for official business use, in lieu of a vehicle allowance: Salary Cell Phone Vehicle Total Mayon. $1,750 $125 (Town) $1,875 Vice Mayor: $1,367 $125 $275 $1,767 Council Members: $1,367 $125 $250 $1,742 SECTION 4. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to give effect to this resolution PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of June, 2008. Mayor B&Honea ATTEST: ��t ;fiti'rJ OF WAI ME ocelyn . Bronson, Town Clerk $�''+ APPROVED AS TO FORM: nk C� idy, Town A mey (a0s09601DWI) -2- sntreoos aazettn=tc Study Session - June 14, 2011 - Page 27 of 142 MARANA RESOLUTION NO. 2008-144 RELATING TO MAYOR AND COUNCIL; AMENDING THE IMPLEMENTATION OF MAYOR AND COUNCIL VEHICLE AND PHONE ALLOWANCES UNDER RESOLUTION NO. 2008-86; ADOPTING AN ALTERNATIVE MAYOR'S VEHICLE ALLOWANCE; AND DECLARING AN EMERGENCY. WHEREAS Marana Town Code Section 2 -1 -8 provides that the compensation of elective officers of the Town shall be fixed from time to time by resolution of the Town Council; and WHEREAS the Mayor and Council adopted Resolution No. 2008 -86 on June 17, 2008, implementing the recommendations of a Citizen's Task Force appointed to review and make recommendations regarding Mayor and Council compensation; and WHEREAS Resolution No. 2008 -86 phased in the Mayor and Council compensation and vehicle and phone allowances pursuant to Article 4, Pt. 2, § 17 of the Arizona Constitution, which provides that the compensation of a public officer shall not be increased or decreased during the public officer's term of office; and WHEREAS the Town's Legal Department has concluded that Article 4, Pt. 2, § 17 of the Arizona Constitution does not apply to vehicle and phone allowances; and WHEREAS the Council concludes that budget considerations require the Town to forego purchasing a Town vehicle for the Mayor's use, making it necessary and appropriate to adopt a vehicle allowance for the Mayor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Marana Resolution No. 2008 -86 is hereby amended by eliminating the two- year phase -in for cell phone and vehicle allowances, and making the Citizen's Task Force recommendations concerning cell phone and vehicle allowances effective on October 1, 2008. SECTION 2. Until an appropriate Town -owned vehicle is purchased or made available for the Mayor's official business use, the Mayor's monthly vehicle allowance is set at $350, effective on October 1, 2008. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to give effect to this resolution. -1- Study Session - June 14, 2011 - Page 28 of 142 SECTION 4. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of October, 2008. O1F1 f/III '','i t. >E � Vice Mayor Herb Kai SEAL ATTEST: ,�� / /�� IIU��`,`• elyn C. 19onson, Town Clerk APPROVED AS TO FORM: 4 i e dyTE=ngo -2- Study Session - June 14, 2011 - Page 29 of 142 MARANA RESOLUTION NO. 2009-89 RELATING TO MAYOR AND COUNCIL, ADOPTING COUNCIL BUDGET POLICIES REGARDING TRAVEL,TRAININGAND MEMBERSHIPS, AND COMMUNITY RELATIONS WHEREAS the Town of Marana adopted its Strategic Plan in February 2009 to identify the key focus areas and initiatives that are priorities for the Town of Marana; and WHEREAS one of the key initiatives in the Progress & Innovation focus area of the Strategic Plan was enhancing the transparency of governmental operations; and WHEREAS the Town Council has expressed its desire to employ aspects of the Strategic Plan in the creation of the annual budget; and WHEREAS the Town Council desires to adopt internal policies which will better enable them to keep track of expenses related to travel, training and memberships, and expenditures related to community relations; and WHEREAS these internal policies will be made a part of the Fiscal Year 2010 budget and will establish specific line items in the Mayor and Council department budget as detailed above; and WHEREAS the Town Council finds that adoption ofthese policies are in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Council Budget Policies, attached to and incorporated by this reference in this resolution as Exhibits A and B, are hereby approved on behalf of the Town of Marana. SECTION 2. The Town's Manager and staffare hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned Council Budget Policies. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 9th day of June, 2009. F i r ; g F Mayor Ed ones ATTEST: ' APPROVED AS TO FORM: VA, ��� ocelyn C ronson, Town Clerk nk 0 dy, Town � Study Session - June 14, 2011 - Page 30 of 142 EXHIBIT A REFERENCE: Council Travel, Training and Memberships Scope: This policy shall apply to any monies expended by council members relating to travel, training, or membership in an organization. Travel and training includes any event which requires transportation and/or payment of a fee to attend. Funds shall only be appropriated for events, activities or organizations which can be demonstrated to directly benefit or positively represent the town through meeting the goad and objectives of the Strategic Plan. Funds shall orgy be used for the attendance or participation of a Town of Marana elected official staff member, or citizen board or commission member. Policy: When a council member wishes to attend an event or join an organization as described above, a check request form or Travel Advance Authorization Form must be filled out and routed through the approval process as specified below. The council member should additionally attach to the check request or Travel Advance Authorization Form event registration materials, a membership application, or any other available supporting documentation. The check request or Travel Advance Authorization Form shall require an approval signature from the Mayor, Town Manager and Finance Director. if the Mayor is requesting the travel or training expenditure, the signatures of the Town Manager and Finance Director shall be required for approval. If any of the aforementioned officials does not approve the request, then it shall be scheduled for a vote of the Town Council during open session. A majority vote of the Council shall constitute the final determination of approval or disapproval of the expenditure. Upon approval of the request, the Council Liaison or other designated staff shall complete travel arrangements/event registration or the membership application for the council member. No travel arrangements shall be made prior to approval of the request. Reimbursements for any amounts spent in excess of what was previously approved will require approval from the Finance Director. A receipt and a memo explaining the reason for the expenditure must be submitted for reimbursement to be considered. In the event that an individual council member exhausts his or her travel and training or membership budget before the end of the fiscal year, he or she may ask the other council members for a transfer of funds at a public meeting of the Town Council. Such a request must be placed on the agenda by the Mayor prior to the meeting. Any unspent travel and training or membership funds remaining at the end of the fiscal year shall be returned to the general fund. Funding may not be carried over from one fiscal year to the next All discussion and action regarding travel and training or membership funding must comply with the provisions of the Arizona Open Meeting Law. Study Session - June 14, 2011 - Page 31 of 142 . EXHIBITS REFERENCE: Council Community Funds Scope: This policy shall apply to any monies awarded by the Town Council or an individual council member that do not fall under ordinances or policies relating to outside agency funding. Examples of this type of funding include unsolicited requests from organizations or individuals made to the Town Council or individual council member, such as during the `call to the public" section of Town Council meeting or through personal contact with a council member. Funds shall only be appropriated for events, activities or organizations which can be demonstrated to directly benefit or positively represent the town through meeting the goals and objectives of the Strategic Plan. Funds shall only be used for the attendance or participation of a Town of Marana elected official staff member, or citizen board or commission member. Policy- When a request for funds is made to the Town Council or to an individual council member, a check request form must be filled out and routed through the approval process as specified below. The check request shall require an approval signature from the Mayor and Town Manager. If either the Mayor or Town Manager does not approve the request, then it shall be scheduled for a vote of the Town Council during open session. If the Mayor is requesting the community funding expenditure, the signatures of the Town Manager and Finance Director shall be required for approval. If either the Finance Director or the Town Manager does not approve the request, then it shall be scheduled for a vote of the Town Council during open session. A majority vote of the Council shall constitute the final determination of approval or disapproval of the expenditure. In the event that an individual council member exhausts his or her community funding budget before the end of the fiscal year, he or she may ask the other council members for a transfer of funds in open session, during the "Future Agenda Items" section of the agenda, Such a request must be placed on the agenda by the Mayor prior to the meeting. A Funds Transfer Request must be completed, and submitted to the Finance Department for the appropriate signatures. Any unspent community funding remaining at the end of the fiscal year shall be returned to the general fund. Funding may not be varied over from one fiscal year to the next. All discussion and action regarding funding requests and community funding must comply with the provisions of the Arizona Open Meeting Law. Study Session - June 14, 2011 - Page 32 of 142 MARANA RESOLUTION NO. 2009-94 RELATING TO MAYOR AND COUNCIL; ADOPTING COUNCIL COMPUTER EQUIPMENT AND SOFTWARE POLICIES REGARDING THE ISSUANCE AND USAGE OF TOWN COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND INTERNET ACCESS; AND DECLARING AND EMERGENCY WHEREAS, the Town of Marana adopted its Strategic Plan in February 2009 to identify the key focus auras and initiatives that are priorities for the Town of Marana; and WHEREAS, one of the key initiatives in the Progress and Innovation focus area of the Strategic Plan was enhancing the transparency of governmental operations; and WHEREAS, the Town Council has expressed its desire to employ aspects of the Strategic Plan in daily operations; and WHEREAS, the Town Council desires to adopt internal policies which will better enable them to manage town - issued computer equipment and software to council members; and WHEREAS, the management of electronic communications and documents has become a routine practice in the conduct of town business; and WHEREAS, the Town council finds that adoption of these policies are in the best interests of the town and its residents. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Council Town - Issued Computer Equipment/Software and Electronic Communication Usage Policies for Council Members, attached to and incorporated by this reference in this resolution as Exhibit A, are hereby approved on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned Council Computer Equipment/Software and Electronic Communication Usage Policies SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption - b� asaw -era -1- Study Session - June 14, 2011 - Page 33 of 142 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this I& day of June, 2009. 5 � k Mayor Ed H hea ATTEST: ��gm►nq OF. SFAL slyn nson; Town Clerk � MF APPRO AS TO FORM: 3 F y, Town A Mmm Rnd Won 200044 -2- _ - Study Session - June 14, 2011 - Page 34 of 142 EXHIBIT A REFERENCE: Town - Issued Computer EquipmentlSoftware and Electronic Communication Usage Policies for Council Members Scope: The purpose of this policy is to establish the standard town - issued computer equipment/software that may be provided to council members, the guidelines for use of that equipment including the use of town staff time designated for set-up and trouble- shooting, and the procedures for requesting equipment and for making exceptions to this policy. Policy: The Town of Mariana utilizes electronic communications in the Conduct of daily business and to that end, provides the basic resources necessary for council members to effectively conduct town business via electronic means. Hardware Issued One set of the following computer hardware devices shall be standard issue to each council member upon request: 1. Standard town - issued laptop with wireless capability, portable mouse and power cord 2. Standard town - issued docking station, monitor, keyboard and mouse for use in Maratha Municipal Complex 3. Black and white printer for use in Marana Municipal Complex council office or shared printer for use in Marana Municipal Complex Software Issued The following computer software shall be standard issue to each council member on their official town - issued laptop computer only: 1. Microsoft Office 2003, or most recent version that is the town standard for all users 2. Sophos Anti -Virus 3. Virtual Private Network (VPN) Requests for obtaining new hardware and software or replacing equipment shall follow the approval process noted below. Internet Access and Staff Assistance Council members are responsible for obtaining and paying for Internet access from their homes, including the acquisition of all equipment necessary to provide the capacity for wireless connectivity to a town - issued laptop. Alternatively. internal access equipment may be non- wireless with switching devices to accommodate connection to a town-issued laptop. Technology Services staff may advise council members on the best type of inlemet access and may assist with set -up of an Internet connection at the council member's home or business for use with a town4ssued laptop computer. For other routine problems and questions related to town - issued hardware or software, Technology Services staff can assist council members by telephone or in person at the Technology Services Department during regular business hours. If a council member requires staff to trouble -shoot Internet connectivity related to a council member's Internet provider and a town - issued laptop at their home or place of business, the council member shall contact the council Nelson to arrange for an appointment. Study Session - June 14, 2011 - Page 35 of 142 EXHIBIT A User Obligations and Public Records Council members shall not place any software that is not on the above list on a town- issued computer. No one other than Technology Services staff may load software onto a town - issued computer. Council members are responsible for installing the routine software updates issued by Microsoft to all users on their town - issued computer. All information, documents, e-mail and other correspondence created or stored on a town- issued computer, regardless of where the information is stored electronically (on the computer or on the town's network) is subject to disclosure under Arizona's public records laws (A.R.S. § 39 -101 el. seq.). In addition, documents and communications related to town business that are created on a council member's private hardware or software system may be subject to disclosure. When public records requests are received by the town, the Legal Department shall determine what documents will be released. Intemet. E -mall and Computer Access While Travelina If council members require e-mail access while traveling out -of -town, they may access their e-mail account by going to the intemet from any computer and accessing the Town of Marana Secure Web Mail Internet Site at www.marana2gov.00m /exchange The user will be required to enter their log -in name and password when prompted. In extenuating circumstances, where a council member's access to the town network is required when the council member is out of town with no other means of access to a computer and /or Internet service, authorization may be provided for Internet access using the town's cell phone carrier via an "air -cant.' Requests for "air- cards° shall specify the amount of days needed for use of the card. "Air-cards' shall be returned to the Technology Services Department within five business days after the conclusion of the authorized period of use. Extension of time for "air - card" requests, or `air -card' use that initially exceeds 15 business days shall require the approval of the full oounciL The approval process below shall be followed for these requests. Reauest and Approval Process When a council member wishes to request computer hardware, software or an "air-card; a Computer Equipment/Software Authorization Form must be filled out and routed for an approval signature from the Mayor, Town Manager and Technology Services Director. If the Mayor is requesting the computer equipment/soflwere, the signatures of the Town Manager and Technology Services Director shall be required for approval. If any of the aforementioned officials does not approve the request, then it shall be scheduled for a vote of the Town Council during open session. Equipment and/or Software requested in addition to the standard level outlined in this policy shall include a written justification for such equipmenUsoftwore on the Computer Equipment/software Authorization Form. A majority vote of the Council shall constitute the final determination of approval or disapproval of the computer equipment or software. Study Session - June 14, 2011 - Page 36 of 142 EXHIBIT A Upon approval of the request, the council liaison or other designated staff shall ensure that the approved equipment is issued and installed. No computer equipment/software shall be issued prior to approval of the request. Following approval of this policy, each council member shall work with the council liaison to complete a Computer Equipment/Software Authorization Form to identify existing computer equipment that has been assigned within seven (7) business days. Any equipment currently issued in addition to the standard equipment outlined in this policy may be returned to the town, or the council member may request an exception to this policy via this authorization form. If ft exception is not granted through the above approval process, the member may return the equipment or the full council shall consider the initial issuance of additional equipment as soon as possible, but no later than August 18, 2009. All town - issued equipment, hardware and software are to be returned to the tovm within seven (7) business days following the swearing in of a new council, when a council member is not continuing in office. All discussion and action regarding computer equipmentisoftware requests must comply with the provisions of the Arizona's open meeting laws (A.R.S. § 38 -431 el, seq.). Study Session - June 14, 2011 - Page 37 of 142 MARANA RESOLUTION NO. 2009-95 RELATING TO ETHICS; APPROVING THE TOWN OF MARANA CODE OF PRINCIPLE AND ETHICS- CENTERED GOVERNANCE; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana adopted a Strategic Plan on February 3, 2009 by Resolu- tion No. 2009 -16; and WHEREAS the Strategic Plan included an initiative to promote the ongoing identification, evaluation and recommendation of tools, processes and programs that enhance citizen communica- tion and involvement and promote the transparency of governmental operations and decision - making; and WHEREAS The Town of Marana upholds, promotes and demands the highest standards of ethics from all of its officials, whether elected to Town Council or appointed to an advisory board or commission; and WHEREAS the Town of Mantua has developed a Code of Principle and Ethics - Centered Governance to specifically articulate the vision, values and processes for conducting the business of town government in an open, fair and transparent environment; and WHEREAS the Town Council finds that adoption of the Code of Principle and Ethics - Centered Governance as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana Code of Principle and Ethics - Centered Governance, at- tached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved SECTION2. The Town's Manager and staffare herebydireded and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned Town of Marana Code of Principle and Ethics - Centered Governance. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of M Arizona, this 16' day of June, 2009. ``� U11ryn Aayol Ed Honea ATTEST: $, APPR ED ORM: lyn . Bronson, Town Clerk ( prank C. dy, Town y Study Session - June 14, 2011 - Page 38 of 142 V �/ �pWN OR 1 � 4 7 gRIZOt ADMINISTRATIVE DIRECTIVE Title: Remote Access to Town of Marana Technology Network Issuing Department: Town Manager Effective Date: March 7, 2011 Reviewed: Finance, Human Resources, Technology Services, Legal Approved: Gilbert Davidson, Town Manager Type of Action: New 1.0 PURPOSE Remote access by employees to the Town's technology network is intended to enable employees to work more efficiently and effectively. This Administrative Directive establishes the Town's policies and procedures regarding employee remote access to the Town's technology network from personally owned computers and mobile communication devices and from Town -awned mobile communication devices, including cellular or smart phones and laptops and tablets with VPN. 2.0 DEPARTMENTS AFFECTED All Town of Marano departments and employees. This directive does not govern the assignment and use of police radio, video or mobile data terminal (MDT) equipment. 3.0 REFERENCES 3.1 A.R.S. §§ 39 -121 et seq: Public records law 3.2 Town of Marana Personnel Policies and Procedures, Policy 54: Use of communications systems and equipment 3.3 Town of Maraca Administrative Directive: Mobile Communication Devices 3.4 Town of Marana Administrative Directive: Electronic Mail (E -mail) Retention & Storage 100024698.DOC141 ] Study Session - June 14, 2011 - Page 39 of 142 - 4.0 DEFINITIONS 4.1 Cellular phone: A cellular (cell) phone is an electronic device used for telecommunications over a cellular network of base stations known as cell sites. Some cell phones with minimal web interface have the technological ability to be connected to the Town's e-mail system. 4.2 Exempt employees: Employees who devote most of their hours to activities that are managerial, administrative or professional. These employees are excluded from specific provisions of federal and state overtime wage and hour laws and are generally not entitled to overtime pay. 4.3 Mobile communication device: A portable electronic device which can connect to the Town's technology network. 4.4 Non - exempt employees: Employees who devote most of their hours to activities that are not managerial, administrative or professional. These employees are entitled to overtime pay under specific provisions of federal and state laws. 4.5 Remote access: Access to the Town's technology network via a mobile communication device or computer terminal not physically connected to the network. 4.6 Smart phone: A smart phone is a mobile phone that offers more advanced computing ability and connectivity than a basic cellular phone. A smart phone allows the user to install and run more advanced applications. A smart phone may be thought of as a handheld computer integrated within a mobile telephone. A smart phone has the technological ability to be connected to the Town's e-mail system. 4.7 Town of Marana technology network: Computing network owned and maintained by the Town of Marano for the purposes of conducting Town business including electronic correspondence and data storage, transfer and retrieval. 4.8 Town Manager: The Town Manager or the Town Manager's designee. 4.9 Virtual Private Network (VPN): A network that uses the internet to transfer information using secure methods. 4.10 Webmail: A system of electronic mail (e -mail) that allows account holders to access their mail via an internet site rather than downloading it onto their computer. 5.0 POLICIES AND PROCEDURES 5.1 All employees have remote access to their Town e-mail accounts through the Town's webmail application. 5.2 All employees who are issued Town-owned smart phones pursuant to Town of Marana Administrative Directive: Mobile Communication Devices will be given remote access to the Town's e-mail system through the Town - issued smart phone. 5.3 All employees who are issued Town - owced laptops or tablets with VPN access pursuant to Town of Marana Administrative Directive: Mobile Communication Devices will have remote access to the Town's technology network, including e-mail, through the Town - issued laptop or tablet. 5.4 Any exempt employee with a personal mobile communication device with the technological ability to connect to the Town's e-mail system will be granted remote {00024698D W/4) 2 Study Session - June 14, 2011 - Page 40 of 142 access to the Town's e-mail system through his or her personal mobile communication device upon request to the Technology Services Department. The employee must submit Attachment A - Remote Access to Technology Network Request Form to the Technology Services Department. 5.4.1 An employee is not entitled to payment of the stipend established by Town of Marana Administrative Directive: Mobile Communication Devices merely because the employee is granted remote e-mail access through his or her personal mobile communication device. The Town will only pay the stipend pursuant to the policies and procedures described in Town of Marana Administrative Directive: Mobile Communication Devices. 5.5 All records created by an employee's use of a personal mobile communication device or a personal computer to remotely access the Town's technology network shall be maintained by the Town on the Town's server in accordance with Arizona law regarding public records and information and Town of Marana Administrative Directive: Electronic Mail (E -mail) Retention & Storage. However, if an employee uses a personal mobile communication device or a personal computer for Town business, the employee's personal device or personal computer records may be subject to inspection and/or disclosure pursuant to the public records law or a litigation discovery request. In general, only those portions of the employee's personal device or personal computer records that are related to Town business should be subject to release or disclosure. 5.6 Time spent by employees remotely accessing the Town network for work purposes, including monitoring, reading and responding to e-mail, is considered compensable time under the federal Fair Labor Standards Act (FLSA) and non - exempt employees must record time spent in these activities as time worked on their time sheet for the pay period in question. Therefore, non - exempt employees are prohibited from remotely accessing the Town's network, including their e-mail accounts, by any means during non - working hours, unless the employee is directed to do so by his or her supervisor or any other person authorized to approve overtime work by the employee. Non - exempt employees who remotely access the Town's network, including their e-mail accounts, by any means during non - working hours without being directed to do so by their supervisor or another authorized person will be subject to disciplinary action pursuant to the Town's Personnel Policies and Procedures. 6.0 RESPONSIBILITIES 6.1 Employees who are provided remote access to the Town's e-mail system via their personal mobile communication devices shall be required to sign an acknowledgement signifying understanding of this directive, as well as policies and directives regarding use of Town e-mail and communications systems and equipment. 6.2 The Technology Services Department is assigned the responsibility for the initial purchase, set -up and maintenance of Town -owned communication devices, as well as ongoing billing and network administration where applicable. 6.3 The Technology Services Department shall maintain a current list of employees granted remote access to the Town's technology network through their personal devices. The Technology Services Department shall maintain the original completed 100024699.DOC 14) 3 Study Session - June 14, 2011 - Page 41 of 142 Remote Access to Technology Network Request Forms submitted pursuant to this directive. 6.4 Department heads and general managers are responsible for ensuring that all users of Town - issued mobile communication devices understand safe computing practices. 6.5 The Town of Marana is not responsible for any illegal, objectionable or improper use of the Town's technology network or of a Town -owned and issued mobile communication device. 6.6 All management and supervisory personnel are responsible for ensuring that staff adheres to the policies and procedures described in this directive and for taking appropriate action when this directive is not followed. 6,7 Any employee who has access to the Town's technology network through a personal device shall notify the Technology Services Department immediately if the device is lost or stolen or if the account is discontinued. 7.0 ATTACHMENTS Attachment A — Remote Access to Technology Network Request Form (0002408DOC / 41 4 Study Session - June 14, 2011 - Page 42 of 142 t pWN OF 1 A M 7 W ADMIMSTRATIVE DIRECTIVE Title: Electronic Mail (E -mail) Retention & Storage Issuing Department: Town Manager/Cown Clerk Effective Date: November 15, 2010 Reviewed: Town Manager, Town Clerk, Legal, Human Resources, Technology Services Approved: Town Council by Resolution Number 2010 -23 Type of Action: New 1.0 PURPOSE Electronic communications have become the preferred means of communicating in today's business world. E -mail and other electronic communication and information management tools are the fastest and most efficient means of communicating and are being used by nearly every employee and official at the Town of Marana. This Administrative Directive clarifies the Town of Marana's polices governing the use and storage of e-mail communications. 2.0 DEPARTMENTS AFFECTED All Town of Marana departments, employees and appointed and elected officials. 3.0 REFERENCES 3.1 A.R.S. §§ 41-1350,41-1351, 38-421 and 41 -1347 3.2 A.R.S. §§ 39 -121 etseq: Public records law 3.3 A.R.S. § 38-431 et seq: Open meeting law 3.4 Town of Marana Personnel Policies and Procedures, Policy 5 -4: Use of communications systems and equipment 3.5 Town of Marana Code of Principle and Ethics - centered Governance 3.6 Town of Marana Town - Issued Computer Equipment/Software and Electronic Communication Usage Policies for Council Members 3.7 Email Acceptable Usage Policy #2006 -003 and any superseding policy or directive implemented at a later date 4.0 DEFINITIONS 4.1 Sackuo E-mail records created on a daily basis for the purpose of disaster recovery, EXHIBIT A TO MAR4NA RFSOLUTION NO 2610.23 Study Session - June 14, 2011 - Page 43 of 142 4.2 Electronic Communications For purposes of this directive, electronic communications refers to electronic mail (e -mail) and electronic calendars 4.3 Non - Records Messages that do not meet the statutory definition of a record as defined in A.R.S. § 41 -1350. Destruction of non - record electronic messages does not need to be reported on a Report/Certificate of Records Destruction form 4.4 Records Messages that are considered to be official records as defined in A.R.S. § 41 -1350. Official records may require short -term storage, long -term storage, or a combination of both 5.0 POLICIES AND PROCEDURES 5.0 Retention and disposition of public records is determined by the Arizona Stale Library, Archives and Public Records, Records Management Division, in accordance with Arizona state statutes. A record's retention schedule is based upon the legal, administrative, historical, fiscal or informational value of the record, not on the format of the record. "Electronic communication" refers to the format of the record, not its content or value. Thus, electronic communications such as e-mail cannot be assigned blanket retention periods because they are not a type of record or record series. Rather, the value -- and therefore the retention period — of an electronic message is determined by its content. It is the responsibility of every town official and employee to retain any electronic communications, depending on the nature and content of the document, as required by the public records retention and disposition schedules. Each town department shall appoint a records coordinator who will work with the Town Clerk's Office and his/her respective department head to assure proper management and disposal of records, including compliance with this directive. Records retention and disposition schedules that apply to town records are available from the Town Clerk's Office. Electronic messages that are considered to be official records (for example, a citizen complaint that is sent via e-mail) must be maintained and destroyed in the same manner as a paper record. Retention and destruction shall be performed according to the corresponding record series on either a department's custom Retention Schedule or the State's General Schedule. 5.1 Short-Term Retention of Record E -mail Messages For records management purposes, the majority of the town's a -mails are short communications that function much like phone calls and are considered to be non - records. For the sake of administrative convenience, records with a retention period of 120 days or less will be maintained in the town's archival e-mail system. These records will be visible in the town's primary e-mail system for the first 60 days of this 120 -day period. The records will then be available only in the town's archival e-mail system for the remaining 60 days of the I20 -day period. At the end of 120 days, all messages will he permanently deleted. It is the responsibility of each individual employee, appointed or elected official to ensure that any record messages that must be retained beyond 120 days and are located in the employee's inbox, sent box, or deleted items box are moved to proper storage locations before the end of the 120 -day period. 5.2 Long -Term Retention of Record E -mail Messages EXHIBIT A TO MAR4NA RESOLUTION NO. 2010 -23 Study Session - June 14, 2011 - Page 44 of 142 E -mail messages requiring long -term retention (more than 120 days) may be printed out and kept as paper records or may be maintained in archive folders by those employees given access to archive folders as noted below. Additionally, Technology Services staff will work with individual departments to identify a technology solution when a department requires a shared storage location for e-mail in order to minimize duplication of e-mail storage within departments. Only department heads, assistant/deputy department heads, management staff, and project management staff will be permitted to maintain archive folders. Employees who are not department heads or management- level staff but believe they need longer term storage capability for electronic records should notify their direct supervisor. The employee shall complete a records storage request form which must be signed by the employee's supervisor and department head /general manager. The form will then be forwarded to the Town Clerk's Office and Technology Services for approval. For Development Services staff, the records storage request form will be forwarded to the Development Services Records Manager and Technology Services for approval. Alternatively, staff and elected or appointed officials without permission to create archive folders may simply print out the record to paper, with its contextual information and attachments in place, for filing within the department's existing filing system. 5.3 Public Records Requests E-mail is subject to the public records law (A.R.S. 44 39 -121 et sea) and may be subject to public disclosure. Employees should have no expectation of privacy regarding the use of the town's systems and equipment or the transmission, receipt or storage of information in these systems or equipment 5.4 Backub The Town of Marana creates "backup" records of electronic mail on a daily basis. The primary purpose of creating these backups is for disaster recovery in the case of system failure, not for purposes of public records retention. The backups are retained for the limited period of time required by law for backup data. 6.0 RESPONSIBILITIES 6.1 All employees and appointed and elected officials are responsible for understanding the procedures as outlined in this directive and all other applicable town policies and procedures regarding the use of the town's electronic communications. 6.2 All employees and appointed and elected officials are responsible for using the town's electronic communication systems responsibly, in the interest and furtherance of the public's business. 6.3 Technology Services, the Town Clerk's Office and the Legal Department will ensure proper training for new employees and on -going training for existing employees on a regular basis. 7.0 ATTACHMENTS Records Storage Request Form EXHIBIT A TO MARANA RESOLUTION NO. 2010 -23 Study Session - June 14, 2011 - Page 45 of 142 Council Comguter EauiomentlSoftware Authorization Forth Councilmember Name: Mayor Ed Honea Request Date: ❑Standard Hardware • Standard town- issued laptop with wireless capability, portable mouse and power cord • Standard town - issued docking station, monitor, keyboard and mouse for use in Marana Municipal Complex • Black and White printer for use in Marana Municipal Complex council office or shared printer for use in Marana Municipal Complex ❑Standard Software • Microsoft Office 2003 • Sophos Anti -Virus • Virtual Private Network (VPN) []Additional equipment(software requested: Justification: Approval Signatures: Acknowledgement: ! have read and understand the computer equipmerrt/soft ere and electronic communication usage policy for Council Members. Signature Data ❑ Approved []Not approved Gilbert Davidson, Town Manager Date ❑ Approved [ approved Gary Hudman, Technology Services Manager Date ❑Approved [ approved Mayor Ed Honea. Date Study Session -June 14, 2011 -Page 46 of 142 Council Community Funds: Councilmember Name: Mayor Ed Honea Does this event, activity or organization have a physical presence within the Town limits? ❑Yes ❑No Location: Please explain how this event, activity or organization directly benefits or positively represents the town: Does this event, activity or organization meet one of the Town's Strategic Plan Objectives? ❑Yes ❑No Strategic Plan Objective met: Amount of request: Line item #: Approval Signatures: ❑ Approved ❑Not approved Gilbert Davidson, Town Manager Date ❑Approved ❑Not approved Mayor Ed Honea Date This policy shah apply to any monies awarded by the Town Councif or an 7ndfvfd4 council member that do not fak under Ordinance 20091U'relntfrg to dfscratfonary funding. Examples of this type of funding fncfude unsofroed requests font organizations or indwduels merle to the Town Counck or individual coumx7 member, such as during the 'cak to the pubkc'secborn of Town Cou nck meatng or 0=0 personal contact with a corxncil member. Funds dW only be appmpdated for events, ackwhas or organaabons whkh have a physical presence Ohm the town knits or which can be demonstrated to dkecky benefx orposNwly represent the town. Please attach any and all supporting documentation including emails or letters requesting funds, Study sesai2nd'bY94 A § 1 oAprVabW event. RAN /!\ TOWN OF MARANA BUDGET ADJUSTMENT/TRANSFER OF FUNDS REQUEST Beginning Adjustment Ending Transfer From Account: Balance: Amount Balance: Fund — Dept — Code.suma Description: XXX— XXX— XXX.XXX (negative) 0 0 0 0 0 0 0 Transfer From Total: 0 0 Beginning Adjustment Ending Transfer To Account Balance: Amount Balance: (Pos itive ) 0 0 0 - 0 D 0 Trensfer From Total: 0 0 0 Reconciled 01 1 01 1 D Please provide a brief explanation for the requested adjustment Town Manager: pate: Mayor: Date: StT4r%gwDlrbvko*4, 2011 - Page 48 of 142 pate: TOWN OF MARANA • TRAINING AND /OR TRAVEL AUTHORIZATION AND ADVANCE FORM NAME: DEPARTMENT: DESCRIPTION: LOCATION: city State' DATES: From: To: . TIME OF DEPARTURE: TIME OF RETURN: TRANSPORTATION MODE: (Town Vehicle, Personal Vehlcl% Air, Ober) Estimated ESTIMATED EXPENDITURES: Costs Registration Lodging Daily Per Diem TFansportation • Per Diem L Other- TOTAL ESTIMATED COST my OF TRAVEL: $ Thurad TOTAL ADVANCE REQUESTED: S ay (Complete Special Instruction Fonn) Sunday -+H E mployee nature Bate Department H ead Signature Date Genwalilli gn-II'Applicable Date Budget CapwKF Yes No rwrea Signatu Approved . Denied Omelet Daft • a.tumts Rnanc.opa�pfad df.rer npbur «eara a.�n aefaewe' . upme.m stye /ww rage 1011 Study Session - June 14, 2011 - Page 49 of 142 • I L moo m 4� (1) r CO � M O Q C N r n a c oo ri la • C � cr E w 0 f3 . 6 aj ri C fo V -0= x O. U � C � U— W eCel av H fu fu L fo �N a 0 m m a c N m L 7 m N � a r, �E ��w HE Q c ID P a as Y C� G 0` a all y wq 8a z z € E�? Ut an �f r. o z g _ c fl ci BE E • ° -+ �d vi �i N d v i - m.sE cEEa p 10 c too a -E Et Eqo �p W a - ~p5 o c �°'E 9 g�4E tS tO N� �rnn��.�� _maE� N N r � L v '1 & 4 .99 v 1] C � a h'� $ n' nib$ ELESmE a5E2 roil EA ERR EVE Ul • c CL a D o c° p y Sip o 16 y c E k* H y� m • O LL FED' LL a�oc�E P N C) z z o v LU i >- ° ° z z °z I (:) z z W > - r z z �. ¢ [t [[ o[ a s 0> 0 O S !g -a -H 2 e ~ o o o o N N 0 0 0 0 0 0 0 0` `6 z z z z �" �" '�' z z z z z z z z� E - A Di n $ z°. z ° z z z} ��" r z CO ° z z z ° z ° z ®� 1 z z z z z m � co l �z zzzzzz`Z z� � •: pppp d {iZ o u, o ° V V a p �Q $s S m cd a E o § Z o W W O ual z Z ® a z q Z N � • R .mod v M y o y u� W °z b a� a ' u' s Z Cc, Q Up W W �• W p, @ z �� m ro 1 . � CD d ° o al 0 0 CL u o a� E d n. o c '6 a : o O 8 0 -00 ov z d P E -% 9 « a Y 4 E g m FE§ //,�� � 0. E� Q� E� E 13 E8 ° m ID • T � p��55 r o Jk o T 'u N a _ o M AO 0 e m . w 1 T O = �� I g N m q L LL uq rC, ap LLL °� 9 _R �O . w E ir a r ,5, E �• ,Z.E m � og.�Sn >.�Ea 0 n II — a ll =" J Zi Os$E0 €m << O g m L ro E � V o m a � � � 16 �'af O�•N.t C O C � ��� 041 ,, gp C �O� 03� .. .' ilt Lo T. 07 00 - �. Ln E c rn c0 E T h 1t} � i z �n a to N o E m 40 oL m tea c E CDO I _ �� 1 ,8 5 ,as o N a `o mm 1 Q1 � CL E p- V Oy et 1� a V N T3 N m CD w p OA .� E e 8 m c= c�'�c cv � `o a to Cl CL p r elected .. . Y o , ... sv Mew 40karof League of Arizona ides A,I)Towns March 2004 Study Session - June 14, 2011 - Page 58 of 142 SO YOU GOT ELECTED .. . ... SO NOW WHAT? Prepared by LEAGUE OF ARIZONA CITIES AND TOWNS 1820 West Washington Street Phoenix, Arizona 85007 Phone; (602) 258 -5786 Fax: (602) 253 -3874 Website: www.azleague.org March 2004 PRICE $20.00 Study Session -June 14, 2011 -Page 59 of 142 FOREWORD Congratulations on your election to office! Your decision to serve your community as a mayor or councilmember gives you a crucial role in determining the present and future course of your community. Your election also designates you as a public officer with legal restraints as well as powers and responsibilities. This handbook has been prepared to provide an overview of the major functions of your job as a locally elected official. If you've just been elected, the information contained within these covers may serve as a crash course in what your office is and how local government works. This 2004 Edition is a revision of the seven previous editions of the handbook. The information in this edition reflects changes in state law since publication of the last edition. We hope this handbookwill provideyou with helpful information in performing your duties as a mayor or counci I member. Any comments, suggestions or criticisms of this publication will be greatly appreciated. Study Session - June 14, 2011 - Page 60 of 142 TABLE OF CONTENTS CHAPTER I. SO YOU GOT ELECTED - SO NOW WHAT? ............. ............................... 1 A Philosophy of Government .................................... ............................... 1 YourCity or Town Today ....................................... ............................... 1 Policy vs. Administration ....................................... ............................... 2 Forewarned is Forearmed ...................................... ............................... 2 Teamwork is Essential ......................................... ............................... 3 If You Don't Know, Don' t ....................................... ............................... 4 Your Words are News ......................................... ............................... 5 Your Time is Your Stock in Trade ................................. ............................... 6 Protect Your Backside ......................................... ............................... 6 Conclusion................................................. ............................... 6 CHAPTER II. YOU AS AN ELECTED PUBLIC OFFICER ................ ............................... 7 Qualifications for Office ....................................... ............................... 7 Termof Office ............................................... ............................... 7 Oathof Office ............................................... ............................... 7 OfficialBond ................................................ ............................... 8 Conflict of Interest ............................................ ............................... 8 Incompatibility of Offices ...................................... ............................... 8 Financial Disclosure ........................................... ............................... 9 Nepotism.................................................. ............................... 9 Municipal and Personal Liability ................................ ............................... 10 Dutiesof the Mayor .......................................... ............................... 10 Compensation.............................................. ............................... 11 Recall.................................................... ............................... 11 Vacancies in Office .......................................... ............................... 12 CHAPTER 111. THE JOB OF THE COUNCIL ....................... ............................... 13 CouncilMeetings ............................................ ............................... 13 OpenMeeting Law .......................................... ............................... 16 The Council's Law Making Powers ............................... ............................... 17 Powers of Appointment and Removal ............................ ............................... 18 Election Powers and Duties .................................... ............................... 18 JointExercise of Powers ....................................... ............................... 19 Boards /Commissions and Committees ............................ ............................... 19 Conclusion................................................ ............................... 19 Study Session - June 14, 2011 - Page 61 of 142 CHAPTER IV. WHAT IS A CITY OR TOWN? ...................... ............................... 20 Legal Standing of Municipal Governments ......................... ............................... 20 City/Town Organization ...................................... ............................... 21 General Law vs. Charter Government ............................ ............................... 22 CharterGovernment ......................................... ............................... 23 Local Options for General Law Cities and Towns .................... ............................... 24 Courts.................................................... ............................... 25 Municipal Annexation of Property ............................... ............................... 26 Financing Local Government ....................................................... I.......... 26 TheBudget ................................................ ............................... 28 Municipal Indebtedness ...................................... ............................... 29 Audits.................................................... ................I..I........... 30 PublicEmployees ........................................... ............................... 30 Planning for the Future ................................................... :.................. 31 CHAPTER V. YOU AND THE OUTSIDE WORLD ................... ............................... 33 Introduction............................................... ............................... 33 Regional Councils of Governments .............................. ............................... 33 WhatDoes COG Do? ....................................... ............................... 34 CountyGovernment ......................................... ............................... 34 StateGovernment ........................................... ............................... 35 Federal Government ......................................... ............................... 35 Conclusion................................................ ............................... 36 Study Session - June 14, 2011 - Page 62 of 142 Chapter I So You Got Elected - So Now What? establ ished for you rself what government should he campaign is over and you emerge or should not be doing, you can begin to victorious. So now what are you goingto determ I ne what role you r mu n icipal govern ment do? Now that you are elected how much should play within this broad context and what do you really know about running a city would best serve the public good. Many and of the position that you now hold? councilmembers feel thatthetimethey invested Remember that changing from Joe or in sorting out a philosophy of government has Mary to The Honorable, Mayor or been recovered several times over by facilitating Councilmember is a political, not an the arduous job of making specific decisions that educational process. frame the policy of the community they serve. After looking around for a while, you The philosophy should not be etched in stone. probably have come to the conclusion After some time in office you may find it that becoming a good policy official is necessary to redefine your philosophy of largely dependent on surviving long government. enough to master the responsibilities and duties of your job. For the newly elected mayor or In summary, it should be emphasized that your councilmember, survival is indeed an issue. Therefore, philosophy of government should be specific enough for the purpose of this chapter is to discuss the basics of you to be committed while being general enough to political survival for a locally elected official and how you allowyou theflexibility needed to considerall alternative may avoid some of the pitfalls of local office. courses of action. A Philosophy of Government Your City or Town Today 7Tt the outset of your term of it is essential to he next step is to take a good long look at your city office, you should define for develop your own or town. What kind of government do you have? What yourself the framework in which philosophy of services are you now providing to the citizens of your you are to operate. It is essential to government to community? A good starting point may be last years develop your own philosophy of serve as o base for budget; it indicates in money terms the priorities of your government to serve as a base for determining your predecessors. determining your future course of future course of action. It is vital to have a basic action. Once you have a handle on the broad service areas of guide or set of principles of personal your city or town, you may find it useful to evaluate and and public beliefs about the nature examine those services. Should we provide these and function of governmentatall levels. Unless you take services and at what level? Avoid nitpicking current time to develop a framework of principles, you may find practices, instead you should look at services from a that your decisions on detailed proposals will be policy perspective. For example, if garbage pick -up is a haphazard. municipal service, should we consider contracting out this service to a private firm? Are there service gaps The philosophy of government which you develop need which should be filled by the city or town? not be detailed to the point that it would only be useful to a political scientist; but rather a series of general In each individual community the questions will differ, statements which you can apply to specific situations and but take the time to familiarize yourself with your city or draw logical conclusions. Perhaps the best way to town government before you begin making decisions. It develop a working philosophy is to ask yourself "what will be time well spent. kind of government do I want ? ". Once you've s I Policy vs. Administration By keeping in mind that your job is to determine the content of municipal policy and that the job of the staff is to implement that policy, you will have time to keep Vnce you've established a working philosophy of in touch with the public and to reflect the real concerns government and examined your present city or town of your community in municipal legislation. government, you can then determine what it means to be a mayor or a councilmember. According to the philosophy of representative government and the Forewarned is Forearmed Constitution and laws of this state, the primary reason for your existence as an elected official is to determine policy to guide and protect the orderly growth and o effectively fulfill your r effectively fulfill your development of your community. responsibilities as an elected responsibilities as an official, you must take time elected official, you must On the road to policy It will become increasingly to do your homework. Learn fake time to do your determination, perhaps the important to juggle your to use the basic sources of homework. greatest pitfall for the newly priorities between your job information about municipal elected official is payingtoo as on elected official, your government. much attention to family and the duties and administrative detail. It is responsibilities of earning a It is important that you learn how to evaluate the advice importantto rememberthat I firing. of your staff. Appointed specialists such as the manager your position as mayor or or clerk, attorney, engineer, police chief, public works councilmember is time director and others are the operating base of your consuming and is not how you earn your bread and community. A large part of their job is to provide the butter. It will become increasingly important to juggle know -how that makes decision making possible. In this your priorities between your job as an elected official, regard, the role of the manager or clerk is essential in yourfamily and the duties and responsibilities of earning consolidating the information from department heads a living. Getting wrapped up in administrative detail is and presenting it in a manner that will be useful to the time consuming and only can be accomplished at the council. However, when discussing an issue with your expense of one of your other three roles. Generally, it staff, remember that they are not elected officials, and has been found that paying homage to detail will cause you should not indirectly abdicate your decision making your policy making role to suffer. You will soon find that powers to them. you cannot spend a lot of time poring over the sketched plans of a housing development or storm drainage Itis important to get good legal, engineering, accounting, system or checking the gauges at the sewer treatment law enforcement as well as general administrative and plant and still accomplish your main goal which is to technical advice, but it is even more importantto use this determine whether the housing development or the advice as objectively as possible in decision making. In treatment plant should be built. this connection, gatheringand interpretingtechnical data as well as fairly representing the public interest is your To avoid giving excessive attention to administrative specialty and belongs to no one else. Read your council details, a good rule of thumb is to 'use your staff." In meeting packets and ask questions before the meeting. other words, remember that you have personnel Be sure to seek staff comments and support their efforts available who are paid to implement your policy. These whenever possible. You will soon find that your city or are generally career people, and their success in their town employees are a vital part of your team. chosen occupation depends on howwell they administer the details of your policy decisions. Your administrative Remember above all that you were elected to decide role is to instruct the career people as to your how the city or town should be run. If the staff is expectations and to evaluate their performance as they running your community then it is because you and the carry out council polity. Your staff will have a solid other members of the council have created a polity working knowledge of the problems and challenges vacuum and have failed to provide the necessary policy facing your community - learn to rely upon these people! direction to your employees. S 2 In addition to your staff, A municipal league provide, you other councilmembers also represent certain interests find out what agencies are with a central point of contact and those interests have a right to be heard and available to assist you with for information you may need to considered, whetheryou like them or not. Keep in mind factual information and to performyournewiob- &public that the council chamber is a legitimate place for honest what extent you can rely official disagreement and dispute, but that it is no place to air on their data. It is also personal animosities which can only serve to divide the important that you council and stymie progressas policysolutions are lost by determine the position of those agencies assisting you so the wayside. In other words, have your say on each that you can screen out the bias transmitted with their issue and ask questions of the other positions, but information. One place to start learning the "nuts and remember above all this is a team job and that a united bolts" of operating the municipal government is from front after the decision is necessary to carry your your State League. A prime role of a municipal community forward and to perpetuate public trust in city association such as the League of Arizona Cities and hall. Towns is to provide information to the cities and towns they represent. A municipal league provides you with a The necessity of working as a team becomes more central point of contact for information you may need to apparent as you begin to grasp the scope and complexity perform your new job as a public official. of the government you've been elected to serve. At first, it may appear that you've landed on the top of a gigantic In summary, your decisions can only be as valid as the tidal wave and that nothing you do can check its information you use in making your determinations. It momentum. Municipal government today is big is necessary to the successful operation of your role that business. It is also a difficult business because it involves every effort is expended to gather and analyze available delivering services that the private sector cannot, will not information. Often, dangerous or unworkable municipal or does not want to provide. For example, operation of policy could have been avoided had the council taken a police department has too much inherent liability to be the time to do its homework. In other words, it is much considered a profitable enterprise by the private sector. better to be forewarned of potential problems in Besides police protection, you may find yourself faced municipal policy than to be placed in the embarrassing with problems of street construction and maintenance, situation of having to publicly reverse an adopted policy. parks and recreation development, operation and extension of a sewer or water system or treatment plant, provision of fire protection as well as comprehensive Teamwork is Essential planning, zoning and capital improvements programming. You will also find that the people who elected you now think that you are an expert on all Vne of the first things you aspects of municipal business. It is extremely important will find after taking your seat not to kid yourself about your knowledge or the lack of on the council is that your it. In fact, no municipality, however small, is so simple friends and enemies in the community think you have that a person can master every phase of its functioning more power as an individual than you actually do. In within his or her first year or so in office. fact, many people on the council for the first time ran on a platform which, simply stated, said: "If you will only Once you have come to elect me, we'll see some real changes around this place." this conclusion, don't throw you will find that decisions made from the your hands up in dismay. input of a / /counrifinembers Often the greatest disappointment for newly elected Look toward the other as well as your staff wi / /be officials is finding out that the other members of the elected officials who are consistently better for the council don't see issues their way and that they can do riding the same tidal wave entire community than those little more than sit and watch campaign promises go by and draw upon their decisions strong -armed the wayside. Often the hardest thing for a newly elected knowledge where it is through by one or two official to learn is that it takes a majority of the council to greater than yours and individuals. make policy, and that, at times, compromise is the only provide them with way to accomplish what is in the interest of the entire knowledge in your area of community. working expertise. Once you begin to do this, you will Therefore the first rule to remember if you wish to be an find that teamwork will evolve naturally as a necessary active councilmember is that municipal government is a part of your role as a mayor or councilmember. As a team job. Secondly, it must be remembered that the rule, you will find that decisions made from the input of S 3 all councilmembers as well as your staff will be your position with facts whenever possible. You must consistently better for the entire community than those also be willing, although sometimes it will take a great decisions strong -armed through by one or two deal of effort, to listen to the other person's point of individuals. view. If you practice this rule, you will find that the degree to which you are honest in your personal Throughout your life and particularly in your business, transactions with other councilmembers is quite often you have probably met people who are either in favor of the degree to which you are effective in impacting or against anything and everything. But, once you have council decisions. experienced sitting on the council with a professional "for'er" or "agin'er," you will undoubtedly admit that you On issues that are very close to you personally, there are have met the most frustrating human being on the face often internal pressures to coerce rather than influence oftheearth. Basically, this is an individual who feels that or to misrepresent your case in an attempt to secure he was elected to be for any and everything coming passage of an ordinance. When you find yourself before the council or correspondingly against all that you confronted with this pressure, it is essential that you are trying to do. Quite honestly, these people are suppress it or you may find it will be the last time you detrimental to the effectiveness of yourcouncil, because will have a meaningful role in the decision making they simply do not take the time to think through a process. It is not necessary that you be liked by the other decision. With this type of person on your council, you councilmembers or that you agree with them, but it is will find that you have lost a necessary source for absolutely vital that they learn to respect you and rely on decision making and what otherwise might have proven your honesty. to be a valuable resource. Whether you like it or not, it is part of your responsibility If You Don't Know, Don't to the team to assist the " for'er" or "agin'er" in fulfilling his or her responsibilities to the community in a thoughtful manner. You must make every attempt to draw this t times you will find yourself under pressure from person out by asking questions and advice on issues your constituents or staff and other councilmembers to facing the council. Additionally, you must sometimes pass legislation or act on a policy matter that you don't bend over backwards to make such a person feel a part completely understand. You will find this particularly of the team and a valuable if not essential part of the true in yourfirstyearof officewhen many things coming decision making process. before the council seem to be drafted in a foreign To do this you must not language. Do not allow the pressures of time and a only take the time to tell .. the degree to which you heavy workload force you to rubber stamp a legislative the person why you don't are honest in your personal or policy matter. Do not succumb to pressures by the agree on an issue, but you transactions with other other members of the council and citizens that a must discuss why you councilmembers is quite particular solution is O.K.; request a delay until they can agree on other issues. often the degree to which give you a brief but clear explanation of the issue. Equally, you mustconvince you are effective in Obviously, this will slow things up at first and frustrate the person that while imparting council decisions. your colleagues to some extent, but it is essential to your personalities undoubtedly learning process for you to avoid endorsing things which have an impact, they you might later regret. There are very few matters that should not be allowed to substantially interfere with the must be passed immediately or which cannot wait a business of running your city ortown. Remember,above week or two while you have the opportunity to better all, that for a council to operate effectively, every understand the situation. councilmember has not only the right but the obligation to speak out on issues no matter what you personally You will find that council decisions will be consistently better if think of his or her competence. you take the time to ask yourself two basic questions before passing a municipal ordinance or resolution. These two To work together as a team, it is absolutely essential that questions ore. your dealings with the other councilmembers be open 1. Ifwepossit, can we enforce it? and honest. In discussing an issue you must present your p. Now much is itgoing to cost? opinion and philosophy as clearly as possible and back S 4 By asking these two questions on local legislation under If you study the "old timers" on your council, one of the consideration, you can avoid adopting an unworkable first things you will notice is that they take the time to policy or binding your community beyond its financial think before expressing an opinion. These people soon capacity. In connection with this, you will probably find realized that they could no longer afford to be impulsive. that what seems to be essential to the successful The second thing you will notice about the more operation of your government may be too expensive for experienced members of the council is that they have your budget. In other words, refrain from passing learned to temper candor with diplomacy. Thisdoesnot "wishful thinking' legislation and from buying steak when imply that they do not say what they mean, but rather you can only afford hamburger. that they have found ways to convey their opinions without unduly trampling the sensitivities of certain You were not elected to make friends, but to provide for segments of the community. On top of increasing their the health, safety and welfare of your community. This chances of reelection, learning the art of diplomacy sometimes means assuming a position which is contrary enables the elected official to express opinions without to powerful special interests or investigating an area seriously disrupting or polarizing the community. where you're not wanted. However, you will need to Nothing can be more destructive to the orderly growth accept this situation if you are to fulfill your greater of a community than an elected official who swings a obligations to the whole community. Remember, above broad axe when a pen knife will do the job. all, that you asked the people of your community to place you on the hot seat and that your obligations Additionally, your personal extend to the whole community. Your personal interests and public actions as well as • • . you may find that the are now secondary to those of the community as a whole localmedia will often pass as they have now placed their pressures and problems those of your fellow aver routine matters in on your shoulders. There is an old adage among elected councilmembers have favorofreportingconflirts officials to the effect: "If you can't take the heat, get out significant news value. and controversies that of the kitchen." Draw whatever comfort you can from Armed with the phrase "the make headlines . this adage by realizing that you are not alone in the public's right to know" the kitchen, and that in the final analysis, it is much more communications media will important to be fair than to be nice. promptly inform you that they are entitled to all the facts used in determining policy. Also, they will resent being excluded from your deliberations. While the public that Your Words Are News elected you does indeed have the right to know, you may find that the local media will often pass over routine matters in favor of reporting ,C.Jefore you were elected, conflicts and controversies that you could say almost anything Now thoryovSeelected make headlines. Obviously, you wanted without your your words are news. _ from a news viewpoint, a words coming back to haunt knockdown, drag -out you. Chances were that your argument is delightful because close circle of friends would listen to and value your it sells newspapers or increases opinions. If you held especially strong opinions, you the listening audience. might offend your neighbors or other acquaintances in the community but that would be all. Now that You should also be aware that, you're elected, your words are news. Anything you , in addition to beingnews, your say has news value to your local newspapers, radio ° words may also render you and TV stations and to the local gossip line. Many of liable in a lawsuit if you use you will soon discover that your opinions are news, even them to defame someone else. Although the courts have if they have nothing to do with municipal government granted immunity for statements made by operations. You will find yourself being quoted about councilmembers during a council meeting, you do not state, federal and county issues. You may even find that have an absolute privilege to say anything about anyone. the public is interested in your opinion on non- If the person who is the brunt of your verbal attack can governmental issues. You are now considered to be a prove you were moved by actual malice, then you may "politician" and, as such, fair game for public scrutiny be liable for a defamation. The key is always to try not with regard to all your endeavors and opinions. to lose your cool. s 5 There are certain matters, however, which by their because you have not adequately organized your time. nature must be withheld by officials until resolved. You will find yourself extremely busy as a result of your Basically, these include such things as private business recent election and the need to efficiently and effectively information which falls into the hands of the council, budget your time cannot be overemphasized. personal information about job applicants which could seriously affect the standing of the person in the Protect Your Backside community if divulged and certain legal matters. Remember there is a state law specifying just what you can discuss in a private executive session. Follow it significant factor in Nothing causes more public carefully! your survival as an elected distrust of officials and less of confidence in the council, official is your approach to and therefore the city One absolute rule in dealing with the media is to never conflicts of interest and government, than what attempt to cover up personal or public wrongdoing or personal favors. It is may appear to be anything which relates to the improper conduct of any important to remember conflicting loyalties public official. This clearly falls within the province of that what appears to be an between public andprivate the public's right to know. One final warning - there is innocent action to you may interests. no such thing as a secret meeting in a small town. appear to be large scale corruption to the public at large. Nothing causes more public distrust of officials Your Time is Your Stock in Trade and loss of confidence in the council, and therefore the city government, than what may appear to be conflicting In addition to your loyalties between public and private interests. Yo effectively perform as happiness, your competency Obviously, some of it is unavoidable. For example, if a mayor or councilmember, as on elected official and in you work for a company that owns property in the you will have to become an your employment can be municipality you maybe termed by a few to be a tool of accomplished juggler. You seriously affected because a special interest no matter how impartial your decisions now have three very you have not adequately may actually be. Other actions such as fixing a parking important roles and only so organized your time. ticket for your next door neighbor can result in public much time to perform mistrustof you andthe city government that will be hard them. Obviously, these torepair. It is important to weigh all your actions against roles are (1) your public position; (2) your broad responsibility to the entire community. your spouse and family and (3) your While its necessary to toughen your hide to public gossip career. You already know how and idle chatter, you must constantly hold yourself at much time is demanded by your �� arm's length to maximize the separation between your career and your family, but few ` \� 1F ') personal activity and your public identity. people realize how many hours \� including evenings, Saturdays and Conclusion Sundaysare needed toconductyour public business. Many councils meet several times between regular J� ; (i ertainly the issues discussed above do not cover ALL meetings. In view of this, taking the ` you will need to know to survive your term of office. time to carefully and thoughtfully // �� They are, however, intended to provide a framework for budget your time as much as ` survival by depicting some of the quagmires which lie possible for the next year is the best before you. In other words, do not expect that the insurance you can buy for your own ; information contained in this chapter will make you a personal happiness. Operating good public official. If studied and understood, these without an organized schedule will leave you constantly political principles should buy you enough time to learn facing conflicts between your three priority areas of your new business and to start you on your way as a concern, and you may find that your only hobby is local elected official. reading the funnies on Sunday morning. In addition to your happiness, your competency as an elected official and in your employment can be seriously affected s 6 Chapter II You as an Elected Public Officer Term of Office ow that you have reviewed some of the political realities of your new job as a mayor or councilmember, it is crucial that you become familiar with the legal �te law provides for a term of two years for all responsibilities of your office. As a local elected official, members of a city or town council, and you will be you are required by law to perform certain tasks and serving your city or town until your successors are your failure to comply with these legal responsibilities elected and qualified unless you choose to resign your could place your city or town in the very undesirable office before the end of the term. An alternative to situation of being faced with a law suit. two -year terms, which has been provided in state law and adopted by most communities by a majority vote of In this chapter, a review of your legal status is presented the qualified electors, is four -year staggered terms. Some highlighting some of the major provisions applicable to advantages have been cited to this optional procedure, you under the law. However, this review is only a guide the principal one being the continuity achieved with and you should meet with your city or town attorney to having experienced members on the council at all times. determine your status in light of the local situation. If you are serving in a charter city, the charter rather than Although the majority of your responsibilities as a mayor state law determines your term of office and may set or councilmember will be collective, there are certain certain limitations on the number of consecutive terms responsibilities and liabilities which you accept as an you serve. individual when you take the oath of office. Most of these requirements are set forth in state law; however, charter cities may prescribe additional duties and Oath of Office qualifications for their elected officials. Therefore, although the mayor and council in charter cities must aking the oath of office will be your first official comply with state legal requirements, their city charter action. All elected public officers of the state including should also be consulted for any additional city and town mayors and councilmembers are required requirements. (Chapter IV discusses the difference to take an oath of office prior to assuming their duties between general law and charter government in Arizona and being seated on the council. The form of this oath and also reviews various options available to general law is prescribed by state law. The oath is as follows: cities and towns.) State of Arizona, County of 1, do solemnly Qualifications for Office swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona; that I will bear true faith and irst, you must be qualified to hold your office. State allegiance to the same, and defend them against all law requires that, at the time of election, a enemies, foreign and domestic, and that I will councilmember must be at least 18 years old, a qualified faithfully and impartially discharge the duties of the office of (name of office) according to the best of my elector of the city town and a resident for at least one ability, so help me God (or so I do affirm). year. In addition, a councilmember must be able to speak, write and read the English language to be eligible to hold office according to state law. Signature of Officer Your signed oath will be filed in the city or town files. The oath is usually administered by the city or town clerk or other officer who has taken the oath. s 7 Em Official Bond town. However, distinguishing between remote and substantial interests can be a very complicated matter. Therefore, it is advisable to consult the city or town o protect the people who elected you, all public attorney or a private attorney before you take office to officers, including city and town mayors and determine where you may have conflicts and whenever councilmembers, must execute and file an official bond. you have a question as to whether a conflict exists. The purpose of the bond is to protect individual citizens through court action against unlawful or negligent State law also places specific limits on your activities with behavior on the part of municipal officers. You are the city or town during and after your term of office. For pledging by this bond to adhere to the oath of office. example, you are barred from representing another The bond must be signed by at least two sureties or a person forcompensation before the council or other city qualified surety company. The bond may be an or town agency for one year after you have left office if individual bond or a blanket bond. The cost of the bond you were directly concerned and personally participated is usually borne by the municipality and is often part of in the subject matter during your term of office. Further the comprehensive liability policy carried by the city or you are prohibited from using for profit any confidential town. information obtained during your term of office. Also, you may not use or attempt to use your service as a mayor or cou ncilmember to secure any valuable thing or Conflict of Interest benefit for yourself. one of the most critical In the absence of specific advice, it would be better to nce you take the things for you to understand is be cautious and declare that a conflict exists and refrain oath of office, you are The conflict of interest law, from participation in the decision in any way than to risk officially a public violation of the law. This declaration should be included officer, and one of the in the council minutes. There are very severe legal most critical things for you to understand is the conflict sanctions for violations of the conflict of interest law. A of interest law. Generally, the law holds that if you or a public officerwho intentionally or knowingly conceals or close relative has a substantial interest in any contract, fails to disclose such a substantial interest or who sale, purchase or service or in any decision of the intentionally or knowingly violates any provisions of the council, you must make that interest known in the conflict of interest law is guilty of a felony and upon official records of the city or town and not vote or conviction automatically forfeits his office. In addition, otherwise participate in the contract, sale, purchase or any contract, sale or purchase made in violation of the decision. State law allows cities and towns to purchase law may be voided by action of the city or town council. supplies, materials and equipment from a member of the council without going to public competitive bid if the The conflict of interest law may be amended by the single transaction does not exceed three hundred dollars, Legislature, and we strongly suggest a careful review of the annual total of such transactions does not exceed the current provisions of this law before you take office. one thousand dollars and a municipal policy covering You may wish to read a League publication entitled "You such purchases is approved on an annual basis. All as a Public Official' which is regularly updated to reflect transactions with a city or town's elected official above those changes in law. and beyond these limits must be the result of an open, competitive public bid process. Not all private Incompatibility of Offices interests, however, Nota//privateinterests,Fowever, constitute a conflict. constitute a roof /irf.0 probably have enough demands on yourtime as The law defines some a ember of the council without considering taking on private interests as another public office. However, the question does remote which do not constitute a conflict of interest in occasionally arise as to whether locally elected officials the legal sense. A conflict of interest will most often can also serve in another public capacity. Our principal result from su bstantial ownership or salaried employment concern here is whether an elected local official may with a private corporation doing business with the city or hold more than one public office. s 8 Generally, an incompatibility of office exists in either of the during your term of office and then be hired as an following two situations. employee of the city or town. There may be additional restrictions if you are holding office in a charter city. (l) the main duties of the two offices cannot be carried out Once again, the complicated legal nature of this question with core and ability; or makes it advisable for you to consult an attorney before (z) one office is subordinate to and interferes with the other you consider accepting another public office during your office andl eads to the conclusion that the duties ofthe two term as mayor or councilmember. offices cannot be performed at the some time with impartiality and honesty. " Financial Disclosure Specifically you are barred from being a state legislator, or a U.S. Congressman or Senator. In addition, members C:!Ze law requires each city and town to adopt of the State Personnel Board and most state employees standards of financial disclosure applicable to the mayor cannot be candidates for nomination or election to any and council including annual reporting requirements. paid public office. Federal employees have been You filled out such a report during your candidacy for allowed to run for public office on a nonpartisan basis, local office. If you have been appointed to fill a vacancy and in certain areas of the country, including Sierra Vista on the council, you must file a financial disclosure and Huachuca City in Arizona, they have been granted statement within sixty days after assuming office. The a further exemption. In such specified areas, a federal financial disclosure statement mustbe filed annually with employee may run for office as an independent even the clerk on or before January 31 of each year covering though other candidates may be officially identified on the previous calendar year. These statements are public the ballot as candidates of a national or state political records and must be open to inspection by the public. party. A public officer who knowingly fails to file a financial disclosure statement, or who knowingly files an A distinction is drawn in the incompatibility of office incomplete or false financial disclosure statement, is question between employment and service as an elected guilty of a class 1 misdemeanor. There are also civil or appointed member of a board or commission. Thus, penalties for violations. as a mayor or councilmember you are permitted to serve on a school board or other uncompensated public body as long as the duties do not conflict State law prohibits Nepotism you, except during the final year of your term of office, from offering yourself for nomination or election to any salaried local, stateorfederaloffice. You aredetermined he laws of Arizona prohibit nepotism which is the to have offered yourself for nomination or election to a hiringof relatives by local officials. The law specifies that salaried public office upon filing of a nomination paper a public officer may not appoint or vote for the or upon formal declaration of candidacy for such office, appointment of a person related to him by affinity whichever occurs first. (marriage) or consanguinity (blood) within the third The League's general degree. In essence, what this means is that you cannot counsel has issued an It is advisable for yautoronsult in any way be involved in the appointment of an in -law opinion finding that this an attorney before you consider or a blood relative as defined by law. "Consanguinity to prohibition does not apply accepting another public office the third degree" includes your husband or wife, brother if your service on the city during your term as mayor or rounri /member. or sister, parent or child, great grandparents, or town council is not grandparents, grandchildren, great grandchildren, uncle compensated. or aunt, nephew or niece. It appears, however, that this law does not apply to cousins. This law has limited effect In addition to the general bar against holding two elected in cities and towns with the council - manager system, offices simultaneously, you are prohibited from working since the council has limited appointment authority. for or receiving any compensation from the city or town This law does not prohibit a relative of a mayor or during your term of office other than the compensation councilmember from working for the city or town; rather provided for your office of mayor or councilmember. In it prohibits the mayor or councilmember from being the opinion of the League general counsel, this involved in any way in the appointment of the relative. prohibition also means that you cannot resign your office S 9 Municipal and Personal Liability highways, roads and streets if such is in conformance with generally accepted engineering or design standards in effect at the time. In addition, governmental entities n Arizona, local governments may be held liable for and their employees acting within the scope of their certain tort actions. A tort is a civil wrong other than a employment are exempt from either punitive or breach of contract for which the injured party may bring exemplary damages. legal action against the wrongdoer. Additionally, it should be noted that state law attempts However, despite the existence of this governmental to limit the liability of mayors and councilmembers for liability, the municipality must be proven negligent in a the unlawful act of an officer or employee of the city or particular case before it may be held liable for its torts. town. However, where the plaintiff can prove that the It is the responsibility of the courts to determine whether official knew or reasonably should have known of the act negligence has indeed occurred. of the city employee or that the act was committed with the authority of the official, the official will be held liable. Local governments face an increase in both tort liability suits and the costs of public liability insurance coverage. Theories of liability are very complex, and, in every case This means serious headaches for local officials since the where a potential issue of liability is raised, advice should city can be tied up in litigation for long periods of time if be sought from your municipal attorney. a liability suit is brought against the municipality. Absolute Immunity. State law Duties of the Mayor specifically defines when stare low specifically defines when absolute and absolute and qualified qualified immunity apply Nespansibi /Iesoflhe Mayor. a to n addition to the s f egisla e immunity p p Y rororernmenralarts general legal requirements g g q Cereslo governmental acts. A city or a for all council members in Ceremonial town is= liable for acts and Arizona, the mayor may omissions of its employees that constitute the exercise of a judicial or legislative function and the exercise of an have several additional administrative function involving the determination of duties or responsibilities. The duties may vary fundamental governmental policy. According to state considerably for a mayor in a charter city and for a law, the determination of fundamental governmental mayor in a general law city or town. A city charter may policy involves the exercise of discretion in the allocation prescribe additional duties for the mayor, while the of existing and potential governmental resources. The duties of mayors in general law cities and towns, determination of fundamental governmental policy also regardless of whatoptions are exercised, are substantially includes the licensing and regulation of any profession or similar. The city charter is the best source of information occupation. concerning the role of the mayor in a charter city. Local ordinances are the best sources of information about the Qualified Immunity. Unless a public employee acting role of a general law city or town mayor. Since the vast within the scope of his employment intended to cause majority of cities and towns in Arizona operate under the injury or was grossly negligent, neither a city or town or general laws of the state, this section concentrates on the a public employee is liable for specific actions. These responsibilities of the mayor in such communities. specific actions include the issuance of or failure to Executive Responsibilities. State law provides that the revoke or suspend any license, permit or similar mayor is the chief executive officer of the municipality. authorization for which absolute immunity is not What this designation means will differ considerably provided, and the failure to discover violations of any depending upon local laws and practice. If the mayor provision of law requiring inspections of property other has specific executive responsibilities, these should be than property owned by the city or town. Qualified found in local ordinances. immunity also applies to the failure to make an arrest or the failure to retain an arrested person in custody. The mayor may also be given extraordinary authority in State law also provides for qualified immunity under emergencies. For example, the mayor may assume other circumstances. Cities and towns and their certain duties in the face of widespread civil disorder or employees are not liable for injuries arising out of the in the event of a natural disaster if the council has design, construction, maintenance or improvement to provided by ordinance for the exercise of such powers. 5 x 10 Legislative Responsibilities. There are certain for the mayor and council. The council by ordinance or responsibilities of a legislative nature that are vested in resolution can specify the salaries for the mayor and the office of the mayor in common council council. municipalities in Arizona. Since the mayor is a member of the council, the mayor has the right to participate in A council may not increase its own compensation; all deliberations of the council in the same manner as therefore, any approved salary increases do not take any other member and is expected to vote on all matters effect until after the next regular election. coming before the council unless a conflict of interest exists. Whether the mayor exercises the right to vote in council meetings will depend on the customs or council Recall procedures of the particular city or town. The mayor also presides over council meetings and may call special our seat on the council is not necessarily secure for meetings of the council if a procedure for calling such t e duration of your term of office. All persons holding meetings has been adopted by the council. Except as may be provided in a city charter, the mayor does not elected public office in Arizona are subject to the have the power to veto legislation passed by the council. possibility of a recall. The qualified electors of your city or town may cause your removal from office by fol lowi ng Ceremonial Responsibilities. The these procedures: mayor will also be called upon to perform certain duties which can 1. Petitions signed by a number of electors equal to best be described as ceremonial. twenty-five percent of the votes cast for the office The mayor is usually the one who subject to recall in the preceding general election acts as spokesperson for the city or must be filed with the city or town clerk requesting town with the press. For example, that a recall election be called. This petition must the mayor may be asked to be include a statement of not more than 200 words present at openings of large facilities to "cut" the ribbon, explaining the reasons for the recall. to issue proclamations declaring such things as Fire 2. After the petitions are filed and the signatures Prevention Week and be called upon to give speeches to verified by the county recorder, the clerk notifies the civic clubs and other such groups. This public posture of officer in writing that a recall petition has been filed. the mayor will depend a great deal upon the individual's The officer then has ten days in which to file a personality; however, it should be stressed that the statementof not more than 200 words defending his willing performance of such functions often helps to or her official conduct. If such a statement is filed, create a most favorable impression of city hall as well as it is printed on the ballot at the time of the recall to enhance the personal prestige and popularity of the election. mayor. A good deal of the public relations work of the 3. If the officer does not resign within five days after community usually falls on the mayor's shoulders. Such the petition has been filed, the clerk calls ll recall election to be held on the next following activities may involve working with the chamber of consolidated election date that is 90 days or more commerce in an effort to attract tourists or new industries after the order calling the election. to the community or making sure that local projects and programs get sufficient publicity in the press. 4. The officer's name automatically appears on the In the absence of the mayor, the vice mayor usually ballot at the recall election if the officer does not resign within the five -day period. Other candidates performs the duties of the mayor, includ ing the executive may appear on the ballot through a nomination and legislative responsibilities discussed above. petition process. The petitions must include names equal to or exceeding 2% of the total votes cast for Compensation all candidates for that office at the last election. If more than one member of the council is being recalled, the nomination petition must specify who ou are certainly not in this job for the money! Most the challenger is running against. The statements c ies and towns provide a minimum salary or none at all which were contained on the recall petition and on s I1 the officer's statement also appear on the ballot. 12. Violation of A.R.S. § 38 -296. This section prohibits The candidate receiving the largest number of votes any incumbent of a salaried elective office, except in in the election serves for the remainder of the term. the final year of his or her term, from offering themselves for nomination or election to another No recall petition may be circulated against either a salaried elective office. mayor or a councilmember until the person has been in office for at least six months. The six months is Regardless of the cause of a vacancy in the office of a cumulative; if you are elected to a second term, you can mayor or councilmember, the vacancy is filled either by be recalled at any time. No more than one recall appointment or election at the council's option. An petition may be circulated against an officer during a election alternative to filling vacancies was enacted by single term of office, unless those signing the petition for the 2003 Legislature. If the mayors office is vacated the second recall election first pay all the expenses of the temporarily by a permitted absence, the council may preceding election. appoint one of its members to serve as mayor. Vacancies in Office 7Trizona law defines vacancies in office as resulting from any one of the following causes: 1. Death. 2. Insanity, when judicially determined. 3. Resignation and the lawful acceptance thereof. 4. Removal from office. 5. Ceasing to be a resident of the state or of the city, town or ward from which the officer was elected or appointed. 6. Absence from the state without permission of the council for more than three consecutive months. 7. Ceasingto discharge the duties of office for a period of three consecutive months. 8. Conviction of a felony or an offense involving a violation of the officer's official duties. 9. Failure of the person elected or appointed to file an official oath or bond within the time prescribed by law. 10. Decision of a competent tribunal declaring void the officer's election or appointment. 11. Failure of a person to be elected or appointed to the office. S 12 Chapter III The Job of the Council carries over to local governments far more than to any he council In ' ' the powers of loco/ other level of government in our country today. The government are restricted loco/ Arizona cities and towns Jaws most conform to the United opportunity for citizens to be heard, the availability of is the local policy States and ArizonaCons/itutions, local officials to the citizenry and the openness of council making and law making federal /aws and the laws afthe meetings all lend themselves to the essential democratic body possessing broad State of Arizona. nature of local government. authority and the legal power to govern the However, it should be affairs of the community. The job of the council emphasized that the "'tne council meeting isesort /y that ameeang ofthe rounriL If is essentially is to use these powers granted by state law council meeting is net the public's meeting. and local ordinances for the good of the community and exactly that, a meeting its residents. In legal jargon, the city or town council is of the council. It is not a legislative body vested with all the corporate powers of the public's meeting. As an elected official, you have the the municipality. The legislative tasks of the council are responsibility of representingthe citizens, and to do that accomplished through its collective power to pass laws job well, you have to be able to accomplish your tasks and make decisions regarding the city or town. It is during council meetings. Remember, the right of the important to remember, however, that the powers of public under the open meeting law is simply to attend local government are restricted. Local laws must and listen to the deliberations not participate in them. conform to the United States and Arizona Constitutions, federal laws and the laws of the State of Arizona. Certainly, one of the most Although the power to enact local laws is therefore important jobs of the the majority of Americans limited, a city or town council has a wide range of legal council is to hear both the today, if they ever see government at work, are most authority to pass laws for the good of the community. requests and grievances of likely to judge both the The actions of a city or town council over the years have local citizens and to effectiveness and the determined to a great extent what type of community respond to the needs of democracy of government your city or town is at the present time, and what the residents of the through attendance of a /oral direction it will take in the future. community within the auncilmeeting. realm of local decision Later in this chapter several of the specific functions of making powers. The the council will be discussed. However, first it is council will be asked to solve all sorts of problems, and, important, particularly for the new mayor or in some cases, this may be extremely difficult or councilmember, to understand the basic setup and impossible. However, both the need and the value of a organization of a council meeting, public forum are nevertheless critical to the viability of local government as we know it today. Council Meetings Some councils have established time limits for petitions or comments from the public, and when a controversial item is being discussed a total time limit may be ou r collective policy and law making powers are put established for each side in the debate. irtTo action at the meetings of the council. It is here that you perform the business of your city or town. In the Without diminishing the extreme importance of what the early days of our country, the powers of local council actually accomplishes at its meetings, it is nearly government were exercised by all the adult members of as important to also maintain a certain degree of a community coming together to decide what the laws decorum at the meetings. The majority of Americans were going to be. The democratic concept of those early today, if they ever see government at work, are most town hall meetings has carried over to today in the likely to judge both the effectiveness and the democracy exercise of govern mental powers by city or town councils of government through attendance at a local council throughout the United States. In fact, this early heritage meeting. After all, few citizens have the opportunity to s 13 observe the state Legislature or, for that matter, a county accordance with the notice requirements of state law, board of supervisors at work. Your council meeting may unless it is an emergency meeting. In addition, at this be the only contact many people have with government first meeting, the council may determine the procedures in the United States. This should not lead, however, to to be followed in all future meetings. Since a quorum or marathon council meetings nor should the audience run majority of the council is necessary to transact business, the meeting. A six hour council meeting serves no one it is important that all councilmembers realize the - the ability to comprehend and make decisions is not importance of attending the regular council meetings. enhanced by endurance tests. The success of council meetings often can be directly traced to the ability and Conduct of Council Meetings. The mayor is the willingness of the mayor to be a strong chairman. Issues presiding officer at council meetings while the city or should be discussed and a vote taken; there is no need town clerk serves as the clerk of the council. In the to deliberate so long and hard as to run the meeting or absence of the mayor, the vice mayor presides or the the issue into the ground. council may appoint one of its members as the presiding officer. As part of the rules of procedure to be followed In most Arizona cities and towns, the council is by the council in its meetings, the order of business for principally a policy making body with the administrative council meetings should be determined. This order of functions left up to the city or town staff, particularly in business will constitute the agenda for the meeting; the council /manager form. Organizationally then, the however, the order of business should be Flexible rather council is, in almost all instances, actingas the council of than rigid to enable the council to conduct its business the whole rather than as individual members charged easily. with particular and distinct administrative functions. State law is very explicit State law is very explicit The organization of the council is up to each individual about the contents of an about the contents of an council, although, in many cases, previous practice by agenda. For an open public agenda. earlier councils or charter provisions may be the meeting, the agenda must determining factor in how the council will be organized. specifically listthe itemsto be Forexample, inafewverysmall communitiesa modified discussed, considered or decided upon. This prohibits commission form of government is used. In effect, this the use of such agenda items as "new business," means that each individual councilmember assumes "unfinished business" or "committee reports," unless the administrative responsibility for particular functions of specific items of new or unfinished business and the municipality. This type of council organization is committee reports are listed in some detail on the most often utilized when the town cannot afford to hire agenda. the technical staff to perform these duties. Withthistype of organization, council meetings usually include a As an overall framework for the business of the council, commission report by the councilmember in charge of the following order is sometimes used. each administrative function as well as the general 1. Call To Order (Many councils then ask those in business of the council as a whole. attendance to join them in the Pledge of Allegiance.) First Council Meeting. The council in noncharter 2. Roll Call municipalities is required to meet within twenty days after the canvass of its election. The primary purpose of 3. Minutes (The clerk may read the minutes of the this first meeting is the election of one of the preceding council meeting which should either be councilmembers to be mayor except, of course, when approved as written, or, if there are errors, these the mayor is directly elected. At this first meeting, the should be noted and corrected. In practice, the council may determine the schedule for future council manager or clerk may provide the council with meetings and fix the hour and date by ordinance, advance copies of the previous meeting's minutes so although usually the practice of previous councils is that they need not be read in full. However, the simply observed. The council must meet at the regularly council should, at this time, note any errors.) scheduled times. A number of cities and towns have provided by ordinance for special meetings of the 4. Petitions or Comments by Those Citizens Present council which are called by the mayororthe manager or (You may want to provide time limits for such clerk at the request of a specified number of the presentations by each individual person. The mayor councilmembers. A special meeting must be called in is usually charged with the responsibility of asking S 14 persons to introduce themselves and to ensure that meetings must be open to the public and should not lead the comments of the citizens are in order.) to rubber- stamping decisions at the formal council 5. Reports From Officersand Committees (Atthistime, meeting. individual department heads or chairpersons of Council M e e t i n g various municipal committees may be asked to Procedures. After the The jab of running a raonri/ report on the activities under their responsibility.) mayor calls the meeting to to wal ki hur been ng a tigh /ropepe . ed /o wal .. . For discussion to occur on these reports, they must order and the clerk has be listed with some specificity on the agenda. called the roll and read the minutes of the previous meeting, the mayor as presiding 6. Ordinances/Resolutions (This includes the officer is responsible for moving the meeting along by introduction/ discussion of new ordinances and announcing the next order of business. The job of resolutions which must be listed by subject matter running a council meeting has been compared to on the agenda.) walking a tightrope, and, in many cases, it is a very 7. Adjournment appropriate comparison. You want everyone to be heard and yet there have to be some limitations in order The responsibility for drawing up the agenda is usually to avoid meaningless debate. Particularly when placed with the manager or clerk under the direction of controversial questions or mattersare beforethe council, the mayor. The agenda, as well as supporting this can be a thorny problem. It will be up to the mayor documents, should be circulated in advance of the inmost cases to handle this type of situation as he or she meeting to each member of the council, other municipal best sees fit. A number of cities and towns use Robert's officials and interested parties such as the press. The Rules of Order as a guide in matters of parliamentary open meeting law requires that the agenda must be procedure although its provisions do not always fit the made available to the public at least 24 hours prior to work of a legislative body. the meeting. In addition, copies of the agenda should be made availableto people who attend the meetings of the The mayor should follow the prepared agenda as much council. Several copies of the agenda should also be as possible although deviations from the prepared posted inconspicuous places in city hall near the council agenda will certainly be necessary on occasion. In that chambers. By doing this, everyone interested will know case, the mayorshould clearly announce thatthe council what the council will consider at the meeting and when has decided to rearrange the agenda or not consider a each item will be considered. particular item at the meeting for the information of those residents in attendance as well as other members A number of cities and towns use a consent agenda to of the council. However, when changing the order of dispose of routine matters before the council. These discussion, it must be done so as not to prevent or deny matters are listed on the agenda and one motion is made any member of the public the opportunity to listen to the to approve all items on the consentagenda. Members of discussion of any agenda item. the council can request that an item be removed from the consent agenda for specific discussion and action. Anyone addressing the council, including members of Use of the consent agenda leaves more time to consider the council, should address themselves to the mayor and important business before the council. wait until they are recognized before proceeding further. This is to prevent general conversation and to keep the To further increase the efficiency of their meetings, a order necessary to maintain decorum and accomplish number of city and town councils schedule work sessions the business of the council. As the council considers prior to the regular meeting time. At such sessions, specific requests or proposals, the mayor will be councilmembers can review the matters scheduled for responsible for keepingthe discussion under control. In the meeting and have ample time to question and many councils, debate will often lapse into informality; receive input from the staff and consult with the city or however, in voting, it is important that sufficient formality town attorney on legal technicalities. Some sort of be observed to ensure that the vote on the matter is briefing session before a council meeting is very helpful accurately recorded. Once debate is over, the mayor to the smooth running of the council, and more should restate the question in full, both for the importantly, can help to ensure that councilmembers are information of the audience and for members of the aware of any problems and the potential consequences council. This is particularly true when much debate has of their actions. If you do hold work sessions, these been heard on a specific matter. A member of the S 15 council then makes the appropriate motion which is No legal action can be taken by the council except in a seconded by another member of the council. public meeting. If you hold work sessions, these Immediately after a motion has been made and meetings must be open to the public. Citizens are wary seconded, the mayor should state the motion. of behind the scenes decision making, and you should Additional debate may be allowed on a question before make sure that adequate discussion of all matters before the mayor calls for a vote. Usually, the mayor will call the council occurs at the regular council meeting. for the ayes and nays by a voice vote, however, if a roll call is requested, the clerk then calls the name of each State law allows the holding of executive sessions of a councilmember and records the vote. council for certain specific discussions only. The city or town attorney should be consulted for those topics To recap then ... which you may discuss in executive session. The executive session is a council meeting at which the The basic steps to a motion are as follows. public is excluded. An executive session may be A member of the council: convened by a majority vote of the members of the t. Addresses the chair; council constituting a quorum. Notice of the meeting 2. Waits for recognition; and must be posted at least 24 hours in advance of the 3. Makes the motion. meeting. In addition, an agenda must be made available A second member of the council: 24 hours in advance, although the agenda should not 4. Seconds the motion. contain information which would defeat the purpose of the executive session. Minutes of the executive session The mayor: 5. States the motion; are confidential. A council should exercise discretion in 6. Calls for remarks; using executive sessions and be certain of state law 7. Puts the question; limitations. In addition, no final decisions can be made a. Takes the vote; and in executive session, although you may give your legal 9. States the results. counsel direction to proceed in certain instances. It must be reemphasized that the council cannot make any .•. the roanrdrannotmake Open Meeting Law decisions or discuss the any decisions or discuss the business of the council business of the council except except in a meeting which .. with a few limited exceptions, in a meeting which is open to is open to the public. he state open allmeetings of a public body must meeting law is very be open to all persons desiring to the public. This is a specific, and you should attendd requirement of state law and familiarize yourself with its further preserves the democratic quality of local provisions (see the League publication "You as a Public government proceedings. Certainly the public has a right Official'). The law provides very simply that, with a few to know what its government, especially its elected limited exceptions, all meetings of a public body must be officials, are doing. open to all persons desiring to attend. Notices of the date, time and place of every meeting are required, and you must make available an agenda for each meeting at least 24 hours in advance. There are exceptions for emergency meetings. When an actual emergency is ;. found to exist, a meeting can be called with noticef appropriate under the circumstances. i!! The American with Disabilities Act requires thatall public activities, including public meetings, be accessible to persons with disabilities. The notice fora public meeting should also contain information on how a person with a disability can go about receiving reasonable accommodations, such as a sign language interpreter, so that he or she can participate. S 16 t The Council's Law Making Powers enacted into law and states the name of the city or town which is passing the ordinance. The body is that part of an ordinance which sets forth the main provisions of the he principal job of the council is legislative in nature, ordinance arranged so that each section consists of a and municipal legislation is accomplished primarily single provision. Sections should be numbered, titled through two devices - ordinances and resolutions. and arranged in a logical sequence. In addition, each section should be readily identifiable for a The question sometimes arises as to whether the � person looking for a specific provision. The council's action should be in the form of an ` penalty clause states the penalty to be ordinance, a resolution or merely a motion. In imposed for violation of the ordinance. general, an ordinance is considered the highest, Particularly if a penalty clause is to be most authoritative form of action the council can \ included in an ordinance, the council should take. have the city or town attorney check to ensure that it is in accordance with the state Three specific instances when ordinances are constitution and state law. The repealer clause states required: that other ordinances or sections of ordinanceswhich are 1. If the council is declaring something illegal and in conflict with the present ordinance are repealed. It is providing a penalty for violations. helpful, of course, to include the specific ordinance numbers, if known, of those previous ordinances which 2. If state law requires that council action be in the are repealed or affected by the new law. The saving or form of an ordinance. severability clause expresses the council's intent that an 3. If the council is amending or repealing another ordinance be enforced although some parts of it may be ordinance. declared invalid. In addition, an emergency clause may be attached to allow the ordinance to go into effect It should also be noted that there are two basic types of immediately if three - quarters of all the members of the ordinances - general and special. General ordinances council vote for the ordinance. are those which establish a rule which applies generally, for example, no dog may run at large within the city. There are posting and publication requirements for Special ordinances provide for specific acts such as the ordinances. For example, ordinances with penalty annexation of a particular piece of property. clauses do not become operative until posted in three public places. Publication requirements apply not only Your city or town attorney should always be consulted if to ordinances, but also to notices of elections, invitations the council is in doubt as to whether a specific action for bids, notices of letting contracts and other notices of should be in the form of an ordinance. a public character. The frequency of publication depends on whether the newspaper in your community Members of the council is a weekly or a daily paper. For weekly papers, should have some idea ... there ore seven basirportsto ordinances and other official acts of the municipality on ordinance. aA.he,, arise, must be published once a week for two consecutive of the form of a typical an enacting clause, a body, a ordinance even though penalty Clause, a repealer clouse weeks. In a daily newspaper the law requires the actual drafting of and a saving or severabiiity publication four consecutive times. If no newspaper is ordinances is usually clQOfe printed within the municipality, these publication handled by the city or requirements may be met by printing the ordinance or town staff or attorney. In other document in a newspaper published in the county general, there are seven basic parts to an ordinance: a in which the municipality is located. Further, state law number, a title, an enacting clause, a body, a penalty provides that the cost of publication of any laws or clause, a repealer clause and a saving or severability ordinances which have been enacted on behalf of clause. private persons be paid by the individual who also can designate the newspaper in which they wish the The title should include a very general statement of the document to be printed. content of the ordinance phrased in sufficiently broad terms to avoid limiting the scope of the ordinance. The enacting clause declares that the ordinance is to be s 17 A number of Arizona cities and towns have enacted recommendation of the manager where appointments codeswhich contain all the general and permanent laws are concerned. In most Arizona municipalities, local in effect in a municipality. This codification of merit system ordinances require that certain positions be ordinances is accomplished by reorganizing the filled on the basis of ability or competence. As a result, provisions of the municipality's laws into an orderly and examinations of one kind or another may determine the concise code which the council then enacts as the appointment to a large extent. official law of the city or town, repealing the original ordinances. The advantages of adopting a code of There are both federal and state laws that must be ordinances include accessibility by both citizens and observed in the appointment and removal ofofficersand local officials and simplification of the taskof researching employees. In hiring and firing municipal employees it laws on any given subject. It is important that a code be is important to observe equal opportunity and affirmative carefully organized and thoroughly indexed to enhance action guidelines. In addition, the Americans with its usefulness to the council and the city or town as a Disabilities Act prohibits an employerfrom discriminating whole. against a qualified individual with a disability. The continued validity and usefulness of a code will depend on how up to date the code is kept. Accordingly Election Powers and Duties every general ordinance passed by the council should be adopted as an amendment to the code. Further, the provisions of the ordinance should be inserted into every he council has been assigned specific powers in copy of the code so that current law can be referenced. regard to the municipal election process. A municipal code can become obsolete and useless to the council and citizens within months of passage if it is The most important duty of The council has the final not updated regularly. Special ordinances are not the council in regard to the ,.ofd on whether or not on usually placed in the city or town code. municipal election process is individual meets the the canvass of the vote and necessary /ego /requirements Whereas ordinances are ordinances are the issuance of certificates of to become an elected public regulations of a general and regulations of a general nomination and election. officer. permanent nature, resolutions and permanent nature Although this may seem to are generally more temporary resolutions are generally be a fairly routine function, it and are used for council more temporary and are must be remembered that the council is the principal action on administrative or used for council action on judge of the qualifications of those 81ected to office in executive matters or on administrative or executive the municipality. Thus, the council hasthe final word on statements of general council matters or on statements whether or not an individual meets the necessary legal of general council policy. ry g policy. In essence, a requirements to become an elected public officer. resolution is a written motion. Additionally, there is no law requiring it to have a title or In addition, the council may call special elections for the a number. Although it is customary for the resolution to purpose of presenting a bond issue to local residents or be signed by the mayor, there is no statutory for submitting a charter or charter amendments to the requirement to this effect. It is important, however, that people. With the exception of city charter adoption your city or town attorney make the final determination elections, special elections can only be held on four of whether an ordinance or resolution is appropriate for dates as provided by Arizona statute. There are two the particular case, since state law does require that dates in the spring in March and May, and two in the fall some actions be taken by ordinance. in September and November. It is important to note that the council cannot submit a Powers of Appointment and Removal measure to the people unless there is specific statutory authorization. In practice, this means that although the voters may petition for an initiative, the council cannot he council has full authority over the appointment submit an ordinance to the people in the absence of of municipal officers and employees in common council such a petition unless otherwise provided for by law. cities and towns, although this appointing authority is often delegated by the council to the manager. Where this is not the case, the council often accepts the s 18 Joint Exercise of Powers more deeply into a particular problem or area of concern. On the other hand, such boards or commissions should not be considered a substitute for nder Arizona law, a city or town may enter into consideration of a matter or action by the council, and "joint exercise of powers agreements" with any other care should be taken to avoid using boards and governmental agency. Such an agreement, often called commissions more than necessary. an intergovernmental agreement, provides for one or more agencies to perform jointly anything that each Membership on boards and commissions varies from agency is empowered to do on its own or that multiple three to twenty members, although in Arizona there agencies can form a non - profit corporation to perform seems to be a preference for small boards and the function on behalf of the agencies. Consequently, commissions. Members are usually appointed by the this can be a useful device for a city or town to join council to serve for terms set by the council. forces with the county or another municipality to perform somefunction more effectively oreconomically. A special advisory committee or task force can This authority has been used for such purposes as sharing sometimes do the background work for the council on a a sanitary landfill or operating a library. The procedure technical or even a politically sensitive issue. Care must for making such agreements is specified in state law. be exercised in both the decision to appoint such a These procedures should be followed carefully to ensure committee and the members appointed. When the a valid agreement. committee is finished with its work, it should be disbanded perhaps with an official thank you recognition of committee members at a council meeting. Boards /Commissions and Committees Conclusion oards, commissions and citizen committees 1 � can provide a city or 1 are the principal legislative and administrative town council with a great responsibilities of the council within a municipality. deal of assistance both in formulating public policy and Again, it must be stressed that in charter cities additional in transforming policy decisions into action. Some requirements and functions may be assumed by boards and commissions are empowered to make members of the council depending upon provisions of administrative decisions, some make only the individual charter, recommendations to the council, and others may be primarily fact finding bodies. The council may establish You will be involved in a wide range of decision making boards and commissions as permanent bodies with that encompasses a broad variety of subjects. The members appointed to overlapping terms to add authority and responsibility of your office in performing continuity to committee operations. An example of this these tasks may at times be a burden, butthe service you type of board or commission in many municipalities is are providing for the residents of your community can the planning and zoning commission. The council may also be rewarding as you see the city or town benefit also appoint committees, sometimes known as task from local policy decisions. forces, fora limited time to accomplish a single purpose. The advantages of utilizing special boards and commissions include the ability to deal with technical problems considered beyond the scope of elected officials who must deal with problems of all kinds. In addition, boards and commissions provide the city or town with an opportunity for utilizing the talents of private citizens with special expertise and for permitting citizens to serve their community in a meaningful capacity. In addition, such boards or commissions, because of their limited scope, may be able to delve S 19 Chapter IV What is a City or Town? The first legal requirement for incorporation of an area is each city and town in the State of Arizona is unique. that it include a population of at least 1,500 people, Not only are there vast differences in size and including men, women and children. In 1972, the population, but there are also different programs and Legislature amended the law increasing the minimum services being provided to residents of each individual number of people necessary for incorporation from 500 community. to 1,500. This action in no way affected, of course, torn dry and town in the state of those towns incorporated with less than 1,500 prior to Yet, despite these grirono is unique ... Yet, despite 1972' variations there are a these variations there area numberof number of activities anirdlet which are rommon to every The second basic legal requirement is that the area which are common to adroaa dryand town. proposed for incorporation be a community. The task of every Arizona city and determining whether a "community" exists is a matter of town. For example, as local officials you are charged state definition and court interpretation. Basically, it with providing police protection for local residents and must be an area which is urban in nature and in which with maintaining and constructing local streets. the residents have common interests in basic public Additionally, otherservices commonly provided by cities services, such as police protection, and participate in and towns include fire protection, garbage and trash common social activities. collection, water and sewer service, and parks and There aretwo methodsfor accomplishing incorporation. recreation. The types and levels of municipal services in The first requires that a petition be submitted to the your community depend to a great extent on the needs county board of supervisors which includes the of the residents and the financial resources of your city signatures of two-thirds of the qualified electors residing or town government. within the area to be incorporated. If all legal procedures are followed and the board of supervisors is In essence, municipal government through the services satisfied that the petitions are signed by two-thirds of the it provides and through its involvement in land use qualified electors in the area under consideration, it regulation provides for the physical needs and orders the area incorporated. development of the community in response to local needs. To explain how these functions are performed, The second method of incorporation provides that ten this chapter reviews the legal standing of a city or town, percent of the qualified electors residing within the area its organization, financial resources, budgeting, bonding proposed for incorporation may petition the board of authority and tools involved with land use control. supervisors for an election on the question of Hopefully, an understanding of these areas will answer incorporation. If a majority of the qualified electors the basic questions that are involved with just "what is a voting on the issue vote in favor of incorporation, the city or town ? ". board of supervisors will declare the community incorporated. If a majority of those voting vote against the incorporation, no further election can be held for Legal Standing of Municipal Governments one year and the community remains unincorporated. When the board of supervisors orders an area l/ o put the whole subject of your legal standing in incorporated, it appoints the first council, consisting of perspective, let's start at the very beginning. First, your seven residents of the newly incorporated community. city or town is incorporated. Basically, incorporation is the process by which city and town governments are Arizona law also provides for the incorporation of a formed within the State of Arizona. Procedures which community that lies within more than one county, for must be followed and requirements which must be met the incorporation of a community within an urbanized n order to incorporate are strictly prescribed by state area, for the consolidation of two towns into one, for the law. disincorporation of a city or town and for the reincorporation of a previously existing city or town. 20 ME low I It is important to Finally, Arizona cities and towns are limited by the nd cif eand ordinances whichare ado ado the ma fown r o re ore / vo / /unto Y P Y Y remember that cities a orandcouncil. towns, unlike counties, unitsol /ocolgovernment. Within the limits set by state law, various powers, are voluntary units of programs, activities and regulations can be adopted in local government. Cities the form of a municipal ordinance which is a legal and towns exist because the people in a particular area document passed by the mayor and council and signed desired local government and took affirmative action to by the mayor. establish (incorporate) the community. With the birth or incorporation of a new community, however, does not come independence. Cities and towns in Arizona are City/Town Organization political subdivisions of the state. What this means is that all legislative, administrative and judicial powers �� exercised by municipalities are granted by the (// nder Arizona law, a newly incorporated community constitution or are delegations of power by the with a population of between 1,500 and 3,000 is Legislature. Except as restricted by the constitution, the designated as a "town." A community with a population Legislature may restrict or take away such powers as it of more than 3,000 has the option of incorporating as a deems necessary. In the words of the Arizona Supreme "city." If a community incorporates as a town and Court, 'Municipal corporations are creatures of the state subsequently attains a population level over 3,000, it and possess only such powers as the state confers upon may change its status to a city, if approved by the voters. them, subject to addition or diminution at the state's discretion." State law substantially regulates the organization store law substantially Additionally, the actions of Arizona municipalities are of towns. The on ly elected regulates the organisation of limited by the United States Constitution and laws officials are the members towns. passed by Congress as well as judicial interpretation of of the town council. In the Constitution and public law. The United States towns incorporated prior Constitution, for example, requires that municipalities to 1972 with less than 1,500 persons, five must not infringe upon the individual's freedom of councilmembers are elected at-large for two -year terms. speech, press or religion. Also, a city or town may not These towns have the option of increasing the restrict the rights of due process and equal protection or membership of the council from five to seven members interfere with interstate commerce. Whenever when their population exceeds 1,500. This optional municipal officials are unsure whether proposed actions increase in membership from five to seven was enacted are authorized and not in conflict with federal or state by the Legislature in 1981. Prior to that, the increase law, the city or town attorney should be consulted. was mandatory. If the town council passes an ordinance increasing its membership, the additional two members Most of the authorized powers and the restrictions on are elected at the next regular election after passage of the actions of local governments are to be found in the the ordinance. Arizona Revised Statutes, which are enacted by the Legislature. In the absence of constitutional restrictions, Communities incorporated after 1972 have at least the Legislature has broad power over municipalities. "It 1,500 inhabitants at the time of incorporation, and the may incorporate or disincorporate them ... it may add council consists of seven members. Legislation to allow to or take away from them such powers as it may see fit" the incorporation of small jurisdictions within the vicinity It is to state law more than anywhere else that of a National park was enacted in 2003 and is an municipalities must look to learn what they can and exception to the 1,500 population requirement. The cannot do. seven councilmembers are elected at -large for two -year terms. However, cities and towns may choose to directly All of the provisions of the federal and state constitutions elect their mayor or to adopt the four -year staggered and state statutes are subject to interpretation by the term option for all members of the council, both of courts, and these judicial decisions may affect the which are discussed later in this chapter. powers of local governments. S 21 In cities and towns without direct election of the mayor, Figure t the council selects one of its members to serve as mayor. The mayor may be elected for up to a two-year term or COMMON COUNCIL CITY /TOWN may serve at the pleasure of the council. Unless a council- manager ordinance provides otherwise, the voteR r� council also must appoint a town clerk, town marshal s and town engineer. The clerk is to be the town treasurer and the engineer is to have charge of the town's streets, sewers and utilities. In towns of 3,000 or less, the town LIBRARY PLANNING NCIL 8 ZONING COMMON marshal, in addition to his duties as marshal, may also eoaRO COU NCIL serve as town engineer. Additional officers needed by MAYOR COMMISSION the town, but not specifically provided for by statute, may be appointed by the council. Municipalities with a population of 3,000 ormorewhich choose to adopt the "city" form of government have a citycouncil of seven members. The councilmembers are elected at -large for two -year terms unless the city chooses to adopt the ward or overlapping term option. As in the town form, unless otherwise provided by General Law vs. Charter Government ordinance and approved by the voters, the mayor is selected bythe council from among its own membership /�f/�, and serves either at the pleasure of the council or for up A/0 -t incorporated communities in Arizona are to a two year term. general law cities or towns. The connotation "general law" means that the city or town exists and operates The city council must also appoint a city clerk, ex officio under the general laws of the state, the Arizona Revised treasurer, city attorney, city marshal or chief of police Statutes. In practical terms this means that as a general and city engineer, unless a council- manager ordinance law city or town, the mayor and council must look to the provides a different procedure. Additional officers, such state for authority to pass local laws. Either specific or as fire chief or public works director, may be appointed general enabling authority must be found in state statutes at the discretion of the council. The same person may before the council can act. hold two or more appointive offices if the council so desires. Charter cities, on the other hand, operate not only under state law and the state constitution but also under a Under Arizona law, home rule charter adopted by the people in the there IS Very little Under Arizona low, there is very little difference between the town community. Arizona has constitutional home rule rather difference between the and city form afgavernment. than statutory home rule since the authority to adopt a town and city form of charter and to be governed by a home rule charter is in government. Aside from the state constitution rather than simply in state law. the added "prestige" which some feel a city has over a Therefore local determination is incorporated into the town, the main difference is that cities have the option state constitution and cannot be altered solely by the of choosing to adopt their own charters. In some Legislature. counties, it may affect responsibility for county health services, as well. In explaining home rule charter government, a Cities adopting charters are For a diagram of a typical common council city/town, actually adopting constitutions see figure 1. valid comparison can be setting out the basic governing made between a charter procedure for lorolgavernment. and the constitution. Cities adopting charters are actually adopting constitutions setting out the basic governing procedure for local government. This adoption process is similar to the famous founding S 22 fathers who met and created the constitutional basis of 2. Exercise additional authority over the investment of our national government. In adopting a city charter, a city funds; similar group of "founding fathers" creates a local government unique to their city. 3. Sell or dispose of city property without advertising; There are three primary advantages of home rule charter 4. Control its own municipal elections although the government. First, and foremost, a city charter state consolidated dates for elections apply to strengthens the ability of a community to deal with charter cities; public concerns without continually having to request the aid of the Legislature. Secondly, and closely related 5. Levy taxes not expressly authorized by state law; to the first point, a charter allows a city to adopt the kind and of government the community desires and not one prescribed by another level of government. Thirdly, a 6. Raise and use funds for advertising purposes over charter provides cities with the power needed to meet and above the state law limitations. the growing demands on local government. Rpm 2 Charter Government GENERAL vs. CHARTER he state constitution provides that cities with a population of more than 3,500 may frame and adopt their own charters. The purposeof charteror hom The Arizona Supreme rule government is to give Court has defined the TE trntsmunat cities a greater degree of charter as follows: self - determination. Thus, it "The charter of a city is its -- applies the principle of organic law which bears self- government in its most the same relationship to ultimate sense at the local ordinances as the state - - - - - - - - - tauntErtem level. constitution bears to its i statutes." j a rex cs There are currently twenty aaeau uw LAW yyp axes charter cities in Arizona. an ratty e�ere �o"w The City of Tombstone operates under a territorial cas vs charter, originally granted in 1881. The other nineteen r sconsoxt charter cities have adopted their charters through +nwE ircteaoac .wn procedures established in the state constitution and state +ES+ statutes. The Powers of Charter Cities. Charter cities are by no means completely free of state control. The charters may not be inconsistent with the constitution or state laws, and provisions of local charters regarding matters of statewide concern give way to state law when there is a conflict. It is up to the courts to decide whether such a conflict exists. Some of the specific powers that may be included in a charter adopted by a city are the right to: 1. Structure its governmental organization in any way that it desires; S 23 The following procedure is established by the If the option is adopted, the council divides its members constitution and state statutes for framing and adopting by lot into two classes. The first class, composed of three a charter: members, holds office until the next regular election. The second class, composed of four members, holds 1. An election is held on the question, "Shall the city office until the second regular election. Thus, at the first adopt a charter form of government ? ", and at the regular election held after the adoption of this system, same time, a fourteen member board of freeholders three councilmembers are elected, and at the second is elected. This election may be called either by the regular election four councilmembers are elected. city council or by the mayor when petitioned to do Thereafter members of the council are elected in classes so. The petition must be signed by a number of qualified voters equal to twenty-five percent of the of three and four at successive, regular elections and number voting in the preceding municipal election. hold office for terms of four years each and until their successors are elected and qualified. When a city or 2. If a majority of the voters favor adopting a charter, town adopts this option, the council determines by lot the board of freeholders proceeds to write a charter. which of its current members shall be of the first and They must complete their work within ninety days second classes. In the case of a five member town after the election. council, the first class is to consist of two members, the 3. When the charter is completed, it must be published second class of three. in the local newspaper for at least twenty-one days, if the a er is a daily or in three consecutive issues if The major advantage of P P Y The major advantage of it is a weekly. overlapping terms is that overlapping terms is that there will always be there wilt always be 4. Within thirty days, and not less than twenty days experienced members on experienced members on the after publication, an election is held on the question the council which provides council which provides for o of ratifying the charter. If a majority of the voters for a greater continuity of greater rontinuity of favor the charter, it is then submitted to the Governor government. for approval. government. Also, the provision for four -year terms gives councilmembers more time in office in which to gain experience and become familiar with the city/s Local Options for General Law Cities and problems. On the other hand, a disadvantage of this Towns form is that if the voters are dissatisfied with the council, they cannot elect an entirely new council at a single Direct Election of Mayor. State law allows cities and election. towns to provide for the direct election of the mayor, if such a provision is approved by the voters. First, the District Elections. The common system of selecting council passes an ordinance providing that upon councilmembers in municipalities is through "at- large" approval of the voters the mayor will be directly elected. elections, which means that each elector votes for every In this ordinance, the council specifies whether the position on the council. Every councilmember, mayor will serve a two-year or a four -year term. Then therefore, represents the city or town at -large ratherthan the question is presented to the voters at either a special representing a specific geographic section of the city. or regular election. If approved by the voters, the ballot at the next election will list two municipal offices - mayor Both cities and towns have the option of electing and councilmembers. aldermen from districts upon approval of the proposition by a majority vote of the city or town's qualified electors Overlapping Terms. An option which cities and towns voting at the election. If the district system is adopted, may adopt by a majority vote of the qualified electors the council divides the city or town into not more than voting at an election is that of establishing overlapping six districts. (In charter cities, the term 'district" is used terms for councilmembers. Under this option, members rather than "districts. ") The councilmembers (or of the council serve four -year terms. 'aldermen" as they are called in cities or towns with district elections) are then elected from districts, and the mayor is elected at- large. Under this system, each voter votes only for the mayor and for the alderman from his 24 or her district. It should be noted that adoption of the making and community leadership, many cities and district system option automatically provides for direct towns have turned to the council /manager plan. election of the mayor rather than having the mayor chosen by the council, however, the mayor still serves as See figure 3 for a typical organizational form of a a member of the council. council /manager city. Figure 3 The district system is more than simply another method for electing the council. Each alderman represents a COUNCIL - MANAGER CITYITOWN specific area of the community, is elected and maybe up for reelection by the people in the district. For this reason, an alderman may represent their interests and W RS needs even though they may be in conflict with those of — other districts. Advocates of the district system point out _ - - - -- ATTORNEY that this is a more democratic method of representation ADVISORY COMMON for the various social and economic groups within the BOARDS AND COUNCIL COMMISSIONS community, ensuring that all citizens will be heard. MAraR MaDISTRATE Critics of the district system point out that aldermen may be more interested in the well -being of their districtthan C[Tyrtvm the city as a whole. MANAGER Council/Manager Government. One of the major options available to all cities and towns within the state is the council /manager plan for municipal government. Instead of the council administering municipal T programs and activities, he manager is generally given the power to appoint the council hires a and remove all employees, to manager, who is usually formulate the annual budget nMen trained or experienced in for submission to the council, municipal administration. to supervise and coordinate The manager is generally the operations of the various an�lr departments and to make given the power to appoint recommendations to the and remove all employees, council to formulate the annual budget for submission to Courts the council, to supervise and coordinate the operations of the various departments and to make recommendations to the council. nor to the passage of legislation during the 1994 session of the State Legislature, every general law city The widespread use of the council /manager plan in and town was required to have a municipal court. As a Arizona, as well as across the nation, has largely been a result of the passage of this legislation, a city or town, in consequence of the growing complexity of municipal lieu of establishing or maintaining its own municipal government. Professional administrative skills have court, may enter into an intergovernmental agreement become increasingly desirable to assist the council in with either a justice of the peace in whose jurisdiction managing the affairs of the community. the city or town is located and the county in which the city or town is located or with another city or town The size of municipal government has also been an within the same county to provide the services of the important factor in the growth of the council /manager municipal court, including jurisdiction of all cases arising form of government As the number of programs and under the ordinances of the city or town. This is an activities of cities and towns grows, so does the need for option that city and town councils may wish to pursue at full time centralized management. In order for the some point in the future. council to perform its primary responsibility for policy s 25 The city and town magistrate is generally appointed by filing the signed petitions, the council then adopts an the council. The magistrate must be appointed for a ordinance annexing the property. The annexation may term of not less than two years during which the be challenged in court within thirty days after adoption magistrate can only be removed for cause. The State of the ordinance. You may wish to refer to the League's Supreme Court, in addition to the city or town council, Annexation Manual. has jurisdiction over municipal courts. This authority is specifically spelled out in the State Constitution. The degree of administrative authority by the city or town Financing Local Government over the courts is a matter of some debate. /f Administrative orders issued by the Supreme Court have 7 s a mayor o r There is no way to avoid she attempted to clarify the relationship of the court to the councilmember, one of fort that it rakes money to city or town in areas like personnel. your chief concerns and provide the services and programs needed and possibly one of your major demanded by the local Municipal Annexation of Property headaches will involve the riti:enr financial affairs of your city or town. There is no way nnexation refers to the process by which a city or to avoid the fact that it takes money to provide the town expands the area within its corporate limits. An services and programs needed and demanded by the area eligible for annexation must be contiguous to the local citizenry. Consequently, it is best to start with the city or town; that is, a portion of its boundaries must local revenue picture which, of course, may differ touch the boundaries of the city or town. State law also considerably from one community to the next. requires that territory to be annexed meet certain size and shape specifications unless the territory is already Each method of financing municipal government has its surrounded or bordered on at least three sides by the own advantages, disadvantages and limitations. As a city or town. In general, these specifications prohibit mayor or councilmember, you must find the strip annexations. combination of revenue sources that seems "right" for your community. The Procedures for the annexation of new areas into the following is a listing of some municipality are also set forth and regulated by state law. of the characteristics of Anconat three direct sores which can be levied by cities Thirty days prior to actually beginning the process of each revenue form. and towns ro(over gathering signatures, blank petitions (including a map of municipal expenses, the area proposed to be annexed) must be filed with the Locally Imposed Taxes. In transaction privilege tax countyrecorder. During this 30 day waiting period, the Arizona there are three husinesr/icense tax city or town must hold a public hearing. At least fifteen direct taxes which can be property tax days before the end of the waiting period and at least six levied by cities and towns days prior to the public hearing on the proposed to cover municipal annexation, notice of the hearing must be published in expenses: the newspaper. In addition, at least six days prior to the public hearing, notice of the hearing must be posted in 1. The transaction privilege tax, often called the sales at least three public places in the area proposed to be tax, provides for the collection of a tax as a annexed. Notices must also be sent by mail to each percentage of gross revenues of a business in return property owner in the area and to the chairman of the for a permit to transact such business within the city affected county board of supervisors. or town. Within one year of the end of the thirty day waiting 2. The business or occupational license tax provides for period, petitions with the signatures of the owners of the collection of revenue from business and more than one -half of the value of the property within professional concerns. This can be in the form of a the area plus more than one -half of the property owners quarterly, annual or one -time charge. in the area proposed to be annexed must be filed with the county recorder. The county recorder can not 3. The property tax provides for the collection of a tax accept a filing for annexation without also receiving a based on the assessed valuation of property within sworn affidavit verifying that no part of the territory is the city or town. In other states, it is the primary already subject to an earlier filing for annexation. After S 26 source of municipal funding; however, in Arizona, Fund (LTAF) and distributed to cities and towns on dependence upon the property tax has decreased the basis of population. The expenditure of the steadily as a percent of total local revenues, and majority of these funds is limited to general many cities and towns do not even levy this tax. transportation purposes except for cities over 300,000 which must spend the money for transit If Finally, there are other local sources of revenue used by the proceeds of the state lottery dedicated to LTAF cities and towns. These include utility or user fees, fines reach $23 million in any year, cities and towns have and forfeitures, permit and franchise fees, development the option to use 10% of the monies received on fees and various service charges, such as those from the cultural, educational, historical, recreational or issuance of building permits. scientific facilities or programs if the monies are matched equally by non - public funds expended for State Collected, Locally State C the same purposes. Shared Shared Taxes. Other Shared T Tares: sourcesof funding available State Sales Tar The LTAF is also eligible to receive a share of the to cities and towns are state State Income Tor proceeds from the multistate lottery, Powerball. The shared taxes. These Highway User Revenues state general fund must receive a certain amount of include the following: Vehicle License Tar the Powerball funds prior to any distribution to the taro/ on Assistance cities or towns and to date this threshold has rare) e fund y 1. State Sales Tax: Cities been met These distributions, when they come, are and towns receive a now part of what is being called secondary LTAF. share of the state's five percent sales tax which is This secondary LTAF also receives monies from the distributed on the basis of population. state's vehicle license tax allocation when federal Surface Transportation Program (STP) monies 2. State Income Tax: A portion of the state income exceed $42 million annually. These monies are tax is distributed to cities and towns on a population distributed through a grant program administered by basis. ADOT with matching requirements based on the size and location of the city or town applying for the 3. Highway User Revenues: A portion of highway user money. Grants awarded to cities and towns in revenues (taxes on gasoline, diesel fuel and other Maricopa County with a population over 50,000 motor vehicle related fees) are returned to cities and persons can only be used for public transit. Those towns based on a two part formula. One half of the grants awarded to any other city and town must be amount is allocated on the basis of a city or town's used for general transportation purposes that population in relation to the total population of all conform with the long -range plan or regional incorporated cities and towns. The other half is transportation plan. distributed on the basis of the county of origin of sales of motor vehicle fuel and then on the basis of Federal Funds. The amount of federal assistance each city or town's population in relation to all other available to cities and towns is limited. The two incorporated cities and towns in the county. The remaining federal revenue sources are categorical and expenditure of all highway user revenue funds is block grants. Categorical grants are usually awarded for limited to street and related projects. specific projects and operate under strict guidelines as to the use of the funds. Block grants are a more flexible 4. Vehicle License Tax: A portion of the automobile funding source and are subject to fewer spending license tax is distributed to the cities and towns on restrictions than are categorical grants. Under this a population basis within the county in which it is category, the Community Development Block Grant collected. Prior to this distribution, a certain amount (CDBG) Program has been the principal source of federal of this tax is placed in the highway user revenue financial assistance for most Arizona cities and towns. fund. 5. Local Transportation Assistance Fund: Per state law, cities and towns receive up to $23 million of the proceeds from the state lottery. These monies are placed in the Local Transportation Assistance S 27 The Budget modification of the state imposed expenditure limit. Options available to the council include a local alternative expenditure limit (home rule option), he spending of The budget is one of its most permanent base adjustment, one -time override or a revenues received by /mportant tools to ensure a voter approved capital projects accumulation fund. your city or town brings workable, we// organised city or Over half of Arizona's cities and towns operate under a us to the subject of town. home rule option alternative or a permanent base your annual municipal adjustment to the state imposed expenditure limitation. budget. Although there The form of a voter approved home rule option varies is a tendency to think of budgeting only in terms of the depending upon each community's local needs. This need to prepare a complicated document in sufficient option gives each community more control over time to comply with the deadlines established by state expenditure of local revenues. law, it is important for the members of the council to realize that this document is one of its most important Regardless of the limitation a community functions tools to ensure a workable, well organized city or town. under, each city and town must comply with the uniform Under state law, when the council adopts the budget it reportingsystem detailed in state law. This law requires is setting maximum limits on the amount of money that that each community file a report within four months of can be spent as set forth in the published budget. the end of thefiscal year showing compliance with either the state or the local expenditure limit. The chief fiscal In adoptinga budget, thecouncil, in effect, promisesthat officer as designated by the council is responsible for the city or town will do a certain amount of work with a filing this report. given amount of money. It is a type of contract or agreement with the taxpayers as to what services they The second limitation on the budget concerns the will get for their tax money during the coming year. amount of money to be raised by direct property Additionally, the budget should be considered as a work taxation to support general municipal expenditures program, since it sets forth the amount of money proposed in the budget. The state constitution available for municipal expenditures by purpose. $ S limits the increase in the primary property tax to not more than two percent of the amount levied in the In municipal budgets, there are two major preceding fiscal year plus an amount attributable to limitations that must be met. First, state law annexations or new construction. The primary imposes an expenditure limitation on cities and property tax revenues may be expended for all towns. The actual amount that "controlled" municipal purposes. An unlimited secondary funds are allowed to increase from year to year property tax may be levied to pay the principal and is determined by the increase in population of interest on bonded indebtedness. Before a new the individual community and a national property tax can be imposed by a city or town, the inflation factor. It should be noted that the voters must approve the tax. population and inflation factors are used in conjunction with a community's 1979 -80 actual Itshould be mentioned thatthe League publication, expenditures minus exclusions, known as the base limit, "Municipal Budget and Finance Manual," provides to determine each years expenditure limit. This limit detailed information concerning the state imposed affects all funds not explicitly exempt under the state expenditure limitation, home rule option, permanent constitution. These exemptions include such items as base adjustment, capital project accumulation fund, federal grantfunds, bond principal and interest payments one -time override, uniform reporting system and the and the amount of highway user revenues received in property tax system. It also serves as a practical guide to excess of the amount received in 1979 -80. budget preparation. Additionally, the state Over hoK of Arirona's cities and There are several additional There ore several constitution allows a towns operate under o home rule requirements In state law odditiena /regvirementsin city or town council the option alternative or a permanent which must be followed by state low which must be opportunity to seek base adjustment to the state the council in this important fol /owedby the rounedin voter approval of an imposed expenditure limitation. function of budget this important Junction of and adoption. budget preparation and alternative to or preparation P adoption. S 90 of 142 ..m 28 NNW For example, state law requires that, before the third power of the governmental unit issuing them. Citiesand Monday in July of each year, the council must prepare a towns are subject to certain constitutional and statutory full and complete statement of the financial affairs of the limits on the issuance of general obligation bonds city or town for the preceding fiscal year and an estimate including: of the different amounts which will be required to meet the needs of the city or town for the current fiscal year. 1. Indebtedness for general municipal purposes may These estimated expenditures and revenues must be not be incurred for more than six percent of the aired before a public hearing, and the budget estimates assessed valuation of the taxable property in the city and the public hearing notice must be published in the or town. newspaper to alert local residents of the city or town's financial plans for the coming year. Following the public 2. In addition to the six percent limitation for general hearing, the council will adopt the final budget. For purposes, cities and towns may issue general those cities and towns with a property tax, state law obligation bonds up to an additional twenty percent requires at least seven days between adoption of the of assessed valuation for purposes relating to final budget and adoption of the tax levy. However, the publicly owned utilities and open space. In other property tax must be adopted by the third Monday in words, the total general obligation indebtedness may August. Therefore, the deadline for adopting the final go as high as twenty-six percent of assessed budget becomes the second Monday in August. For valuation. those without a property tax, it is still recommended that final budget adoption take place by mid - August. Once 3. A majority of the qualified electors of the city or the budget is adopted, it may not be increased. town voting at the bond election must approve the Transfers between budget items may be accomplished issuance of the bonds. under procedures specified in state law. Thirty days before a general obligation bond election, the city or town must prepare and disseminate an Municipal Indebtedness informational packet to the electors. Information must include the source of payment for the bonds, issuance hies and The major types of bands which /om/ cost and polling locations among seven other required governments may issue ore: items. towns often find it Genera / Obligation Bonds necessary to incur Revenue Bonds Revenue Bonds. relatively large Street and highway Improvement Bonds Revenue bonds may be somewhat bands .epnf e debts especiall Special Improvement Bonds somewhat an general risk for the p y used to finance a investor than genera/ ab/igaNan when financing revenue producing bonds, and therefore, sometimes major capital facility such as a public must bear a higher interest rate improvements. Because of this, the state has authorized utility or airport. These than do genera/ obligation municipalities to borrow through the issuance of certain bonds are usually securities. types of bonds. It should be emphasized, however, that secured solely by the municipalities may not become indebted for any revenues of the facility purpose without submitting the question for approval by forwhich they were issued, and if these revenues are not the voters. The major types of bonds which local sufficient to cover the repayment of the bonds, the city governments may issue are general obligation bonds, or town is not obligated to provide tax funds for revenue bonds, street and highway improvement bonds repayment. Because these bonds are not secured by a and special improvement bonds. These are discussed taxsource, they representa somewhatgreater riskforthe briefly below. investor than general obligation bonds, and therefore, sometimes must bear a higher interest rate than do General Obligation Bonds. The most common means general obligation securities. of raising funds for major municipal projects is the issuance of general obligation bonds. These bonds are Arizona cities and towns are authorized by state law to ordinarily retired from property tax funds. Thebondsare issue revenue bonds for a wide variety of purposes. referred to as general obligation or full faith and credit While revenue bonds are not subject to the limitations bonds because they are guaranteed by the full taxing discussed above, therearecertain statutory requirements S 29 Now which must be met. For example, revenue bonds must after the close of the fiscal year and be completed within also be approved by a majority of the qualified electors six months. The audit report must include all the voting at an election. Additionally, revenue bonds must accounts and funds of the municipality including mature within thirtyyearsof the date issued and may not operating, special, utility, debt, trust, pension and other be sold at less than par value. money or property for which a municipality is responsible. At least three signed copies of the audit Street and Highway Improvement Bonds. Cities and report must be submitted to the municipality with one towns may issue bonds for constructing and maintaining copy made available as a public record and open for streets and highways with the funds for retiring these public inspection. A copy of the audit must be sent to bonds coming from the municipality's share of highway the Arizona Department of Library, Archives and Public user revenues. Again, these bonds must be approved by Records. Audit expenses must be paid for by the a majority of the qualified electors of the city or town municipality. voting at a bond election. Municipalities with the consent of the voters may secure such bonds by a pledge of their full taxing power if they so desire, but this is not Public Employees required. Special Improvement District Bonds. Special he public employee is perhaps the most important improvement district bonds are those issued to finance element in providing local public services in the city or improvements on projects such as streets and sewers. town. A municipality that recruits and is able to retain The bonds are secured by assessments levied against the good employees has taken a big step toward effective property which is benefitted by the improvement. For local government. On the other example, if bonds are issued to finance street hand, a municipality that takes its improvements, the property bordering the street will employees for granted is asking ordinarily be assessed to cover the cost of retiring the for a lot of trouble. bonds. Court cases have played an Community Facilities Districts. State law allows the increasingly important role in formation of community facilities districts inside cities defining the rights of employees, and towns with the approval of the council. Such especially in the area of districts can be formed for any public infrastructure termination and compensation. purpose or certain enhanced municipal services. Both In early 1985, a Supreme Court general obligation and revenue bonds can be issued by decision extended the coverage such a district. of the federal Fair Labor Standards Act (FLSA) to all state and local governments. The FLSA contains minimum wage, overtime pay and other requirements that apply to Audits almost all local government employees. hi Cities and Iawnr are required by In addition, recent court es and towns are state law to have an audit cases have brought the As an elected official, the required b state law to issue of sexual harassment authority for handling Y performed nt an independent every two emplayee-employerprab /em, ! have an audit performed pub /irarrounlantonreererylwo n the workplace to the is delegated ro the manager - by an independent years for townsandanniaf /y for forefront. You must keep in public accountant once "lie'. mind that an statements or not Me ultimately spans responsible P y ore ultimate /y responsible to every two years for towns action that constitute sexual the citizens for the manager's and annually for cities. harassment could subject artionr. This examination of the financial accounts of the city or you, as well as the city or town is designed primarily to ensure that the accounts town, to a lawsuit. are being kept properly, although certainly a secondary purpose is to protect local taxpayers from misuse of You may be asking yourself what responsibility does the municipal funds. The audit cannot be performed by city elected official have in employee- employer relationships or town employees and must begin as soon as possible especially under the council /manager form of S W- Page 92 of 142 30 law government. As a general rule the citizens who elected Growing Smarter. New legislation was adopted in you are expecting fairness with employees and 1998, 1999 and 2000 to reform local planning and protection from economic reprisals such as damage zoning laws for municipal, county and State land. The awards in court cases for wrongful action. Denying due intent of the act is to strengthen the ability of Arizona's process for employees is a fertile field for court cases. As communities to plan for growth, acquire and preserve an elected official, the authority for handling open space and develop strategies to comprehensively employee - employer problems is delegated to the address growth related pressures. These reforms manager - not the responsibility. You are ultimately included adding new elements to the comprehensive or responsible to the citizens for the manager's actions. general plan as well as new requirements to existing elements of the general plan. In addition, Growing There are a number of ideas and techniques which can Smarter legislation promotes greater citizen participation be utilized by a city or town to develop an active in the development and adoption process of a general program for its public employees. Perhaps one of the plan. Finally, the municipality must readopt a general first and simplest steps that should be taken is the plan every ten years. adoption of a uniform personnel system to be used in hiring, removing or promoting employees; in setting Statement of Community Goals. This is a listing of salaries and fringe benefits for employees; in solving those areas of urban growth which are of public concern employee problems and encouraging better work such as desired standards for parks and open space; performance. While there are a number of benefits for objectives of the transportation system including streets, a city or town from a formalized personnel system, one freeways, pedestrian and bike paths or mass transit; of the most evident is the uniform treatment of all city or desired relationships between business districts, town employees within the organization. This uniformity residential areas and other land uses; standards for in many cases eliminates the idea that city or town location and type of public facilities; or the definition of management may be treating employees in one a subdivider's responsibility for public improvements department different than employees in another such as streets, sewers and utilities. department. It is th is type of idea that leads to employee dissatisfaction and lowers quality in municipal services. General Plan. The goals statement is normally incorporated into a comprehensive plan for community There are numerous incentives that can be built into a development. This becomes the community's growth local personnel system to head off potential problems. policy to guide the development of specified geographic There is one old saying that is extremely applicable to regions of the city or town and its environs. issues in the public employment sector, and that is: "An ounce of prevention is worth a pound of cure." In other Zoning Ordinance. The zoning ordinance specifies words, you should act instead of react, because if you're geographic zones within the community and regulates reacting it may be too late. the type of development that can go on in each area such as residential, industrial or commercial. Planning for the Future Subdivision Ordinance. This ordinance regulates the improvement of subdivided land for sale within the community. It prevents or limits everybody has to plan for the future, and construction in areas that would be dangerous to cities and towns are no exception. In fact on the public health and well being, such as areas planning for the future is considered by with steepslopes, areas proneto periodic flooding many as one of the most critical functions of local orareas with insufficient water suppliesforthe projected government in Arizona. Such municipal planning and population density. The subdivision ordinance may development includes the methods used by cities and require that the developer provide the necessary towns to control land use in the community and to improvements and services including streets, water and ensure that adequate physical development in such areas other utilities, sewers and solid waste disposal systems, as the water and sewer system, the transportation system open space and other services required for acceptable and the solid waste disposal system keeps pace with the standards of living. growth of the community. S 31 Building Codes. These are generally standardized regulations adopted by ordinance to provide comprehensive construction standards covering such areas as mechanical, electrical and plumbing specifications. Utility Extension Policy. A city or town may adopt a utility extension policy to serve as a guide to how new water and sewer facilities are to be financed, particularly in the case of new subdivisions. It may provide that the subdivider bears the cost of such extensions or it may provide for some municipal involvement or repayment agreements. Capital Improvements Program. This is a document which sets forth priorities for the construction of capital improvements over a five or six year period. It is basically a technique for setting priorities on projects and then determining anticipated revenues that will be available for such projects over a five year or longer period of time. Development Agreements. State law authorizes a city or town to enter into a development agreement for property located either inside or outside the corporate limits. If located outside the city or town, the development agreement does not become operative until after annexation. Such an agreement may include provisions on permitted uses of property subject to the agreement, dedication of land for public purposes, public infrastructure and its financing, etc. S 32 Chapter V You and the Outside World Introduction Regional Councils of Governments Vne of the first things you will learn as a local official � n Arizona we have six organizations called regional is that your municipality does not exist in a vacuum. councils of governments, or more commonly, COGS. Even more subtly you will soon find that you are directly Perhaps the best springboard into intergovernmental concerned with county zoning and building regulations relations is through the regional council of governments in that area immediately outside your community that in your area since it is essentially composed of your the council has been thinking of annexing. To a large neighboring cities, towns and counties who are extent the functionings of your local government are concerned with, on a regional level, the same local directly affected by the outside world. In addition, problems facing your community. To understand how people in your communitywill be expecting you to have your municipality relates with the regional councils of the answers to many problems over which you have no governments, it is necessary to understand how they control as citizens do not always realize which level of came about and what they are designed to do. government is appropriate to address their particular concerns. So you will be approached with many problems which you cannot solve directly, but which can be referred to N A C 0 G APOChe the appropriate jurisdiction. However, you will also be Moho [o<omaa approached with a number of problems which simply cannot be solved by the present government or private Navajo organizations operating within your community. These W A C 0 G unmet needs of the citizens of your community must either go unsolved or must be directed to some agency Yovapat or person willing to take up responsibility for initiating new programs. Such situations require your leadership to Paz within the community and are the basis for the unique Momova G'I° role of cities and towns within government. M A G C A G _ Working cooperatively with Yuma Pmal Graham Working cooperatively with other cities and towns as other cities and towns os we// S E A G 0 well as other levels of as other levels of government P A G government is necessary in is neressaryin todayrmdvty. P Ca(hisa today's society. The actions Soma of one community will [ ru' often affect another entity. In other words, always have a good neighbor policy for adjoining jurisdictions. To develop and implement intergovernmental goals, it is Historically, much of the emphasis for development of necessary to become active as well as reactive in your COGs stemmed from federal grant -in -aid programs and relationships with other governmental levels. related requirements which stressed the need for local or area -wide planning of both a functional and The remainder of this chapter will discuss generally the comprehensive nature. governmental levels and associations of governments having significant impacton city and town governments. To achieve a degree of uniformity in the planning and Briefly, these are regional councils of governments, the programming of various activities, the Governor county, the state and the federal government. established six planning regions by executive order in S ". 33 1970' The following planning organizations were allowing member jurisdictions to review all plans and d within these designated planning- regions: federal aid applications impacting on their region. REGION I - Maricopa County (MAG) A COG operates through the use of committees made up of officers and staff members of its member REGION II - Pima County (PAC) governments. Two essential committees in the COG structure are the management committee and the REGION III - Apache, Coconino, Navajo and governing board (regional council). These committees Yavapai allow managers and elected officials a valuable Counties (NACOG) opportunity to share information and address common problems. The administrative activities of the COG are REGION IV - La Paz, Mohave and Yuma Counties handled by a staff. Some major goals for COG (WACOG) consideration in Arizona have included the development of plans and programs that will eventually provide for REGION V - Gila and Pinal Counties (CAAC) adequate transportation systems, human resource development programs and general environmental REGION VI - Cochise, Graham, Greenlee and Santa planning. Cruz Counties (SEAGO) As a newly - elected official, an initial grasp of the complexity and nature of intergovernmental relations can be obtained through discussions with councilmembers What Does a COG Do? and staff members involved in your regional council of governments. It is important to remember that COGS are voluntary associations created by the member regional council of governments (COG) is a agencies, and your leadership and concern are critical in voluntary association of general purpose governmental guiding their direction. agencies (primarily cities, towns and counties) within a given geographic area. Elected representatives from each governmental unit composing the COG sit on a County Government governing board (regional council) to develop policy impacting on regional comprehensive and functional planning and to serve as a forum for the discussion of de of the most vital area -wide problems. In some regions of the state, COGS working relationships you there are significant county have also become actively involved in the operation of can develop is with the functions that impact on the ,a,;denr :otyourcommunrry. manpowerand human resource development programs. government of the county Although there are numerous roles available to a COG, in which your city or they are voluntary agencies made up of local officials town is located. While much of the emphasis of county representing local government operations has been placed on the agencies whose delivery of services to unincorporated areas, there responsibility is to plan are significant county functions that impact on the with all local agencies Cities "° residents of your community. Briefly, some of for the uniform growth Resou ! these are: county hospitals and health clinics; the and development of a county assessors office; the county attorney; the given planning region. superior court; justice of the peace courts and the Additionally, an equally county recorder. Additionally, it is important to important aspect of s .. remember that the county government operates regional councils of right up to your city or town limits, and the way Planning governments is the 0 that properties adjacent to your community are review of federal aid Programs developed must necessarily be a major concern to applications in which the council. Finally, there are a number of areas the COG serves as a such as library facilities, sanitary landfills, parks and regional clearinghouse recreational facilities where cooperative efforts S 34 through intergovernmental agreements between your implement such mandated legislation. However, the city or town and the county can result in substantial situation is not as bleak as it may initially appear. Most savings to the taxpayer. legislators are aware of the problems of local government and are trying to work with city, town and county Perhaps the best approach to developing good officials in solving problems through legislation which is county-city or town relations is to remember that, in acceptable to all. In this connection, state legislators essence, the same people that elected you, elected the need to be informed as to specific municipal concerns if county officials. Additionally, residents of your city or they are to make valid legislative decisions. To some town are required to pay county taxes, particularly the extent, your job should include providing information to property tax which goes into the county's general fund. your local legislators on the problems and positions of your municipality. Most legislators appreciate hearing When working with county governments, it is important from city and town officials in their district and use the to note the distinction between a county and a city or input of these officials in making their decisions. town. A county is an administrative arm of the state and, Because of the large number of bills introduced during therefore, has only those powers given to them by the the session, a LEGISLATIVE BULLETIN is published by state. As a result, county government may not always be the League of Arizona Cities and Towns to advise local authorized to provide the services or exercise the officials of the bills that are introduced as well as actions authority that cities and towns currently enjoy. that affect cities and towns on these bills of municipal interest. By using this BULLETIN, city and town officials A final note to remember in working with county can determine which bills affect them and provide governments is that you are both in the same business. comment to their legislators. The business, of course, is to deliver services to those citizens you represent. In the long run, a working policy In addition to developing sound relationships with the which realizes the importance of delivering services more legislative branch of the state government, there are also effectively and efficiently to the citizens will best serve methods of dealing with the executive branch or the both the city and the county. state agencies involved in the administration of state law. It is necessary to work with state agencies to ensure that the regulations they develop can accomplish their goals State Government without seriously hampering the effective operation of your city. e 7n Arizona, cities and towns are voluntary units of Finally, although you will find that you and your staff local government and political subdivisions of the state. deal directly with state agency personnel frequently on In this connection, the Legislature has the power to specific issues, your regional council of governments and delegate to municipalities whatever it feels can be most the League will prove to be valuable tools in maintaining effectively accomplished at the local level. Conversely, constant liaison with the state government and its it has the power to take from the local level anythingthat agencies. it feels is not being efficiently accomplished. As you learn Federal Government To some extent, your job should include more about providinginformallon to your /om / legit /olort your Job as a on the problems and positions of your 4V mayor o r municipality. / ( O discussion of intergovernmental relations would councilmember, be complete without a word about federal governmental you will find agencies and the Congress. that a few of the municipal problems you face are the result of state mandates that have placed financial Although the federal -local relationship used to pivot on constraints on your community. While it is certainly financial assistance, this is no longer the case. Direct within the rights of the Legislature to determine what local assistance is minimal; the community development type of services should be delivered by local block grant program is the only program providingfunds government, there appears to have been some to more than a handful of local governments. reluctance to appropriate funds to local governments to S 35 owl Mandates from the federal government, however, have seemed to increase at the same time the financial aid has decreased. Mandates on the environment and in employment are particularly prevalent. However, the federal Unfunded Mandates Reform Act of 1995 now requires that Congress either pay for federal mandates or take a roll call vote in favor of passing on the costs to State and local governments. Conclusion he need for effective intergovernmental relations will continue to increase. To do the best for your community, it is necessary to approach intergovernmental relations in an organized manner. The "outside world' can make a positive impact on your community. However, it is the job of city and town government, where appropriate, to monitor this impact. Other League Publications This Handbook is designed as an overview of local government in Arizona. The League publishes more detailed information in bookletform on several subjects of concern. The following is a list of those publications of particular interest to city and town officials, all of which are available to city and town officials at no charge. A GUIDE FOR ANNEXATION CHARTER GOVERNMENT PROVISIONS IN ARIZONA CITIES GUIDE TO PREPARING AND ADOPTING LOCAL LAWS LOCAL GOVERNMENT DIRECTORY MUNICIPAL BUDGET AND FINANCE MANUAL MUNICIPAL ELECTION MANUAL MUNICIPAL INCORPORATION IN ARIZONA MUNICIPAL POLICY STATEMENT SALARY AND BENEFIT SURVEY YOU AS A PUBLIC OFFICIAL S 36 i League of Arizona 2011 C1tieS AND Towns M U ICIPAL PC; LI C�Y STATEME Study Session - June 14, 2011 - Page 99 of 142 i CORE PRINCIPLES ■ PROTECT SHARED REVENUES. Arizona voters created the Revenue Sharing system through a series of initiatives. A portion of state - collected taxes goes back to cities and towns, which keeps taxpayers' money working in local communities. Shared Revenue funds essential services that residents count on - public safety. streets. parks and libraries- and is crucial to the economic strength of the state. The League and the Legislature must work together to protect Shared Revenue and the local services it provides. ■ MAI\'1 "AIN LOCAL CON IROL. Freedom to make decisions at the local level is the bust way tkal municipalities can fully serve their own constituencies. Because cities and the state work best as partners. the League urges the Leaislature to oppose all preemptions and mandates that erode local decision- making authority. QUALITY COMMUNITIES As the level of government chest to the people, cities and towns have the duty to work with their citizens to create high quality, safe places tier people to live and work. From community improvements to smart growth planning municipalities perform may roles in dullilling their responsibilities. The League promotes the following to ensure Arizona is a great place to live: ■ IRLS'l LAN 1) RE FOR Allow cities and towns to acquire trust lands for essential public facilities. • St:S"VAI\:v 131,FFN1 ;..RGY. Identify energy efficiency, and renewable energy as a public benefit that enhances and promotes the health .safety, prosperity. and general welfare of the community. Establish a mechanism fur the creation ofa sustainable energy i m mancing district authority. 1 S IC I A \ RE I EN I ION, Reduce obstacles to medical Practice in Arizona and address any major issues that afTect a physician's decision to locale or remain in Arizona. ■ ST x I F LIQU Oil I S. (Ave greater consideration to city recommendations on proposed liquor licences to the State Liquor hoard. Allow cities and towns to promulgate and enforce public intoxication laws. ■ 1. \l l'. It F. \( Y .k V It I _l\ CF: St. 14% IC'F.. Issue a Cert kale of Necessity (('OR) to arty city or town that has the ability to provide such services to persons in their jurisdiction. ■ 1RA \SI'ORIAI ION. Identify a permanent, designated funding source, without impacting State Shared Revenues. to support the development and operation of comprehensive multi-modal public transportation program. FEDERAL RELATIONS The league asks the Arizona Congnssiorwl Delegation to oppose federal legislation that would mandate local governments provide collective bargaining rights to cmployces. League of Arizona Cities l.Towns FISCAL RESPONSIBILITY Cities and towns playa vital role in the state's economy as home to the vast majority of income production in Arizona. It is imperative that state policy makers understand how crucial municipalities are to the entire state's well - being, and support policies that augment municipal strength. The league encourages the Legislature: to keep Arizona's cities and towns fiscally sound by implementing these ideas: • ECONOMIC UFVEI.OI'MFS'f. Support relentionofexistinecroraunic development tools and programs. Provideaccesstom » vtoolsfir cities to help them remain competitive nationally and internationally- tools that will also strengthen the state's economy. • PC BLICAIIONS. Permit cities and towns to publish statutorily- mandated publications on an of1ciai website. • FLE\IBILiTY. Allow greater flexibility in annexing county islands. • GROANA IL Support the rights of cities and towns to manage development fees for infrastructure. • OF DIC'A'I "FU Fl 1115. Restore funding from Lottery proceeds to the Local rninsIpartation Assistance Furls and the Arizona Stale Parks Board Heritage Fund. ■ LOCAL AL "1'I[Olt I'i'Y. Protect and defend the Model City Tax Code. Ensure the rights of cities to self-collect transaction privilege tax or engage a private th party. LOOKING AHEAD The League believes that then are certain other additional areas of state law that need to be reviewed and possibly reformed. ■ I A \ S I RI A. 1: RE Arizona's tax system is described by many as outdated, cumbersome and unfair. It is time to take a serious Junk at our tax structures, bewring in mind that any reform needs ur adhere to the principles of simplicity, fairness and balance. Any reforms should not impair the shared revenue system or the ability of cities and towns to Implement local tax systems that reflect their own local priorities. ■ 1 N Olt l'OR, %IIO\. The League recommends that a work group be created to examine the incorporation statutes in Arizona and (Aber stales and develop a set of recommended reforms and updates to the Arizona Revised Statutes. ■ Pill . f I U %1_ SIG \ S. The League proposes that some degree of unifiormity regarding the size of signs, their placement in public rights-of. way and enforcement policies be developed through a collaborative stakeholder process resulting in the development of a model ordinance that can be implemented by cities and towns across the state without the need for state legislation. ■ IIt :USlltltl'SCI . The League has worked with many parties on recent legislative efforts at transparency in government. Wf>m the implementation of these new statutes, we believe theta should be agreement on the level of detail of ref orting, the ability Ru make such information available on a website. and a balance struck between the benefits to the citizens of such an investment versus its cost. Citie A-716 QUESTIONS? CALL League of Arizona s A�IITowns tud Session -June 14, 2011 - Pa e t W2 ORG 2011 D isTpjcTs t e „e.1 r - g: _' a J i a Q © Karen Fann, Andy Tohin Q , Vhv McGee, Eric Meyer 13 Camp Verde, Chino Valley, Clarkda� -. ® whey Phc ^rile Cottonwood, Jerome, Prescott, P: e; Valley, Sedona, Tusayan, Williams ® f 0 lack Jackson lc m Avon Avonta a Ducxeye, El M is ® m Chabin, Albert HaIE Glendale Goodyear 1 itchheld Park, r,.aff Phoer ix, Surprise Biggs; J:e Farnsworth, Steve Ufie Q Ron Gould f 0 Steve GaBardo ® I Junction Gilbert, Mesa ® ® Doris Goodale, Nancy McLain ®Q Richard Miranda, Anna Tovar m Bullhead City Colorado City, Freda m -r ale GL raze. P - r;b'son Kingman Lake Havasu City, Page, _..�,,,.__.. — _ _ 0 ;,Smith Par'wr Q ia. ns re ri ®© ilmore, Frank Pratt i —x Meia - @ ;.� :. eluncdcn, Avondale, Casa Grande, ® Q -. Campbell Debbie McCune Davis ooKdge cloy, Florence, Hayden, Kearny, ® ® e, P „enix Mammoth Maricopa. Phoenix, Queen ® 13 ge I< -ia cr Creek Superior, Winkelman ® -ye Dewey - Humboldt Gler9; 1 .--n Smeirna © , Alston Kv .. i ) -- Shooter r �® ones Lynne eancrazi ® __ ._.._ _ ® S311 ,. WnNion, Wellton, Yuma © Bmnaa ea o.r Lnes Clarcell .. m Clifton Duncan, Eagar, Globe 0 Leah Landrum Taylor t - Holbrook Miami, Payson Pima, �� Ruber Gallego, Catherine Miranda iI ® Griffin j Pinetcp Lakeside, Safford St John, ®' 1'i" p" Phoen.s © :-v Judd David Stevens i Show Low, Snowflake Soringe w!`¢: _ l r Bisbee, BJtkeve, Douglas, Gila 1 Star Valley, Taylor, Thatcher. : 'i' , Haachuca City, ri,tarana, Nogales, +1 ® David Schapira Sierra Vista, Tombstone, Wihcor 0 Ed Ableser, Ben Amedondo O Klein �® - .t'daie,Tempi, © - ® ivin k .da Reeve, Carl Seel — "*eA"'°"^°^ proud, Vic Williams ® '" f © ,. I Pearce i 13 • Q sh, Steve Court (3 � a, Om Valley. Tucson Sam ® Q .t ter Carter, David Burrell Cajem Bedford eil Smitr -- O , Ann Gonzales, Macario Saldate Jal Cave Creak, PhoPniz, � ar. © antlali " a le--. 0 ® sere Reag: Y a , Aboud Q Q Kavanagn, M;cneie Ugenn ,. farleg Bruce Wheeler ® ',ain Hills, Scottsdale J110 ® y L of Ari p rpez a Q .moray, Debbie Lesko % "'�r\ 13/x/ la— E - iel airi Dan Patterson ® ,'e, Peoria, Surpri,e, Youngt,f! © cson, `orscr Cities AM Towns P © .,,Cray a Ari #e Q -. I Q t Gowan Ted Vogt r� I rs ([rr2edv vee © a s •uarita s erra V SL Study Session - June 14, 2011 - Page 102 of 142 ® Senator 13 Rcpresentatires M Municipalities _ c , League of Arizona ANDT 1"l c itie S o�v s Welcome tv the League i . k i Iry Study Session - June 14, 2011 - Page 103 of 142 what is the League of MzOna Cities and Towns? The League of Arizona Cities and Towns is a voluntary, nonpartisan, nonprofit association comprised of all 90 of the incorporated cities and towns of the State. The league is legally termed an "instrumentality" of Arizona cities and towns and is owned and governed by the League membership. It is financed by cities and towns through a population - based dues assessmenl.'t'he concept of the League is Lo provide services to its member cities and towns on a shared basis, reducing the demand on each individual municipal staff and budget. r -- , Studyses 14, 2011 page', - 1 What �rogra and servIC.t s dots he 'League• provide? L •ve PM9= T he Leugrute'.. prrimary fu nction is to represernt t ie interests of cities arid towns before die State Lezislutitre and Executive $r nclii. Duringthesession and throughout the year,thel.eaguestaffis constantly meeting with legislators, the Governor, state agencies and other interest groups to keep up with legislation and policies that directly affect cities and towns. We monitor and track all bills introduced during each legislative session that are of municipal concern. We also spend a great deal of our time daring the session attending and testifying at committee hearings on bills of municipal interest. We support some bills, oppose others and work to modify others —all for the benefit of the residents of cities and towns. A weekly Lerisiative Bulletin is sent out during the legislative session to keep our members informed on what is happening at the Capitol. At the end of the session, we prepare a comprehensive summary of all the bills that were passed that affect cities and towns, and make presentations on those items to elected officials and staff across the state. - r � Y k eS�t y � S u nadA* E 2011 - Page 1 Legislative Days During the legislative session we encourage Lilies and towns to schedule a legislative day to meet with their legislators. Sometimes neighboring cities that share a common legislative district will meet together; they may also include adjacent counties or school districts, The League will host lunch for the group and their legislative delegation at the League offices. League Legislative Days also provide an opportunity to go to the Capitol to meet with members individually as well as attend committee meetings or floor sessions of the House and Senate This is a great way to inform legislators about local opinions and the impact of proposed legislation as well as to establish a closer working relationship with your elected officials at the Capitol. League Website The League offers a very content -rich website at wwwazleague.org. The website is generally updated twice a day and includes the latest important information for cities and towns. It contains a news update section that highlights the latest information about local government from newspapers across the state. There is also a Resource Library that contains many documents, reports and opinions from other cities; links to legislative bills, our affiliate organizations and other v: a, ... resources; information an the Model City Tax (,ode; upcoming events and the latest a listing of s munici ai job openings- 5b -- t1fl 1 J Study Session - June 14, 2011 - Page 106 of 142 4 Annual Conference Tile Leutrue's Annual C rutIlerenre is Geld in lat stunmer each near. It is the 14rgesr annual gath ering cp/ elected rind app ointe d municipal r s in the state. � cia The Annual Conference is considered the premier education and networking opportunity for municipal business. In addition to large general sessions, there are breakout meetings and smaller discussion programs on a wide variety of current issues of interest to city leaders. In addition, the League's Resolutions Committee and Annual Business Meeting provide you with the opportunity to weigh in on legislative policy priorities and leadership decisions of the organization. Always mindful of the need to balance necessary training activities with responsible financial decisions, the Annual Conference is held at this time of the year to take advantage of the best possible hotel and event rates during the off-season for tourists. LIt1eS' t(q�5 Study Session - June 14, 2011 - Page 107 of 142 www.a2league.org 5 Publications The League produces technical publications on budgeting and finance, preparing ordinances and resolutions, elections, councilmember S S n responsibilities government - just t name a few. Marry of these publications are available in on -line or electronic versions. We also publish a bi- annual magazine called Arizona City and Town as well as a comprehensive directory of city and town officials which is updated Met a year League publications are provided tree as a memberservice to cities and towns, non- members pay a fee for some publications. A list of some League publications is provided below: • Local Government DirEctory • Munuipal Policy Statement -So You Got Elected... So Now What? • You as a Public Official • Municipal tivalget *v Finance Manual • Alunicipal Election Manutd • Alunicipal Incorporation in Arizona • Guide to Preparigami Adoprin+; Local Lawsl A- luuicipal Publication lequirentevrs • Exploring Charter Government fir Your City • Charter Government Provisions in Arizona • A Guide fiv Annexation • Model City 'Ihx Code • Arizona City & Town i Study Session - June 14, 2011 - Page 108 of 142 6 Professional De elop lent Classes Re Leo`tiue sP«nsors a iert of truinint ':IjSW± on u Wide rurietu of copies of interest to clecrej and appointed ntunicijnd . ,II z 8. Recent class topics include Planning and Zoning Basics, A Guide to Parliamentary Procedure, Open Meetings and Public Records, and Ethics For City Officials. These sessions are designed to allow elected officials and local public employees the opportunity to receive targeted information on important topics and issues that affect cities and towns in our state, We also have an annual two-day training program for Newly Elected Officials that briefly outlines the most important duties and responsibilities of elected mayors and councilmembers. Pooled Services Some products and services can be purchased more economically when cities and towns enter into cooperative purchasing agreements or pools. The league offers several such arrangements for the acquisition of a variety of much - needed items including employee health benefits programs through H -PACT, office supplies through U5 Communities, sales tax auditing services through RDI, and codification services through American Legal. t «arnMew 4 N Study Session - June 14, 2011 - Page 109 of 142 www.azleague.org 7 Inquiry Service T> Leaque ses LL n ra,wurre and infinrmation tl service for every A rizona city and town. ';the League's staff can help you resolve many different kutds of problems, tell you how other cities and towns have handled similar situations or provide you with information referrals. If needed. League staff can also travel to meet with mayors, councilmembers and staff to discuss Specific situations. Information Source The business of governmtmt is constantly changing. To help you keep up, the League provides regular reports on matters affecting cities and towns, as well as reminders on such items as planning materials for budget pn:paratiou and detailed information about municipal election laws and deadlines. Legal Opinions The League can also assist with legal opinions. Our general counsel specializes in municipal law, and can share knowledge, experience, opinions and recommendations with elected and professional staff and with the city or town attorney. On important municipal matters, the League also weighs in with amicus briefs on local and state court that can impact the operations of all cities and towns. Liaison ' The League acts as a liaison to state agencies. Have )mu ever noticed how difficult it can be to reach certain State agencies and get action? 1* are in contact with state agencies all the time. 5% if you are having problems getting someone's attention in a state agency or if ?rou just want to know who to talk to about a specific local project, give us a call. Study Session -June 14, 2011 -Page 110 of 142 8 Ordinances and Codes When a city or town needs to enact new ordinances, the League can show them model ordinances and provide examples of how other cities and towns worded a similar ordinance. The League also administers the implementation of the Model City'rax Code, providing regular updates as laws and practices change, as well as updating and maintaining the tax codes adopted by cities and towns. ,affiliate Groups The League works hand in hand with various professional affiliate organizations such as the Arizona City /County Management Association, Government Finance Officers Association of Arizona, the Arizona Municipal Clerks Association, the Arizona Association of Chiefs of Police, and the Arizona City Attorneys' Association- We regularly call on city and town experts in various disdplines to assist with analysis and information about the impact of various legislative or agency proposals on local operations. t ;lh A(-:AA st'MMt101M INA, Study Session - June 14, 2011 - Page 111 of 142 tvawv,azleague.org 'I PoIlCy [)evulopri Letague governance is directe Av an Erecu Commitiee eonsL.tinq of twenty-five rnavors and ir�uncit'mrm�er.; �rom vcro.: toe .state. Among the members are three officers - President, Vice- President and 'treasurer. The Executive Committee is elected by theentire membership of the League at the Annual Conference through a process coordinated by the Nominating Committee, The officers and members of the Executive Committee serve two -vear terms. The Executive Committee is responsible for hiring an Executive Director who is responsible for the day - today operations of the League. League policy development begins with a resolutions process culminating at our Annual League Gonfcrence, Each mayor, or the councilmember he or she designates, is invited to actively participate in the Resolutions Committee- (lice resolutions have been amended and approved, they are incorporated into our annual Municipal Policy Statement which guides our advocacy efforts. During the Legislative session, the League keeps cities and towns up to date through a weekly Legislative Bulletin. Study Session -June 14, 2011 -Page 112 of 142 14 i The League of Arizona Cities and Towns was originally formed in 1937 under the name The Arizona Municipal League. The organi72tion was founded on a principle which is shill endorsed by today's League - home rule and local determination. In short, we believe that decisions about local matters are best made by locally elected officials and staff and not by some other level of government. We believe local officials are closest to the people, know what's best for their communities and are accountable to the local trotters for the decisions they make - The issue which prompted the creation of the League was the State Legislature's reluctance to allow pity and town elected officials a reasonable amount of discretion in making decisions about their nw communities. The League's formation was the first step in gaining city and town access to the state legislative process, Over the years, the League has sponsored ballot initiatives which resulted in shares of the state sales tax, gas tax and income tax being returned to cities and towns. '[hest successful initiative drives have helped develop Arizona's cities and town; into strong, efficient and financially - stable providers of ntal local serr fhe vast majority of Armnas economic development —and its resulting state tax revenues —comes from cities anJ towns. Our history proves the maxim [hat "strong cities make a strong state." Today's League is an effective voice for the interest of all of the states 90 incorporated cities and towns. W'e work with state government— die legislature, the Governor and state agencies —to assure Arizona's municipalities ahvays "have a seat at the table" when important issues are being discussed. We also provide consistently valuable programs and services that benefit all cities, large and small. Study Session - June 14, 2011 - Page 113 of 142 www,aileague,org t 1 League of Arizona C1tIeS AXrj Tow ns 1820 West Washington ,Street, Phoenix, Arizona 85907 Phone: (602) 258-5786 Fax- (602)253 -3874 Email: leaguegazleague.org Web:uww.azleap"rg Study Session -June 14, 2011 -Page 114 of 142 YOU i A League of Arizona PU �r� 13 ^ /L- Cities ,,,Towns OFFICI JANUARY 2011 Study Session -June 14. 2011 -Page 115 of 142 INTRODUCTION Congratulations on making the choice to serve your community as an elected official. As a Mayor or member of your city or town council, you are putting into action the best principles of our form of government. You are continuing in the tradition of citizen lawmakers, people who are willing to give up their time and privacy and apply their experience and knowledge to the business of making public policy choices for their communities. Holding public office is an honor but it comes with certain legal responsibilities that can be a challenge. As an elected official, you need to know and understand the various Arizona laws that apply to your conduct in office and how to comply with them. This report is designed to assist you in meeting that challenge. Seven topics are included: open meetings, conflict of interests, public records, incompatibility of office, nepotism, financial disclosure and limitations on entertainment. These laws apply not only to elected officials, but also appointed officials (city or town staff) with the exception of the final one - limitations on entertainment - which only applies to elected officials. The life of a public official is not an easy one. In addition to the challenges of making good decisions for the future of your community, you must be careful to not violate state laws in the course of your service on the city or town council. These laws, like the seven highlighted in this report, continually affect the decision - making process. While very few public officials ever intend to violate the law in the conduct of their duties, good intentions alone (such as "but I didn't mean to violate the law ") are not enough. Even well- intentioned elected officials who violate the law may face stiff penalties. Therefore, it is in your own self - interest as well as the interest of your city of town to be familiar with the laws governing your conduct in public office. We hope you will take the time to read this report and retain it for future reference. Most importantly we hope this report will prompt you to discuss each of these laws with your city or town attorney. This report is not intended to replace the need for you to review these laws with your local attorney; it's really only a starting point for discussion of your particular situation in your city or town. OPEN MEETING LAW General Provisions The operation of government and the activities, decisions and policies of government officials are issues of concern to the general public. The public has a right to expect —and state law demands — adherence to an important and distinct principle: THE PUBLIC'S BUSINESS MUST BE CONDUCTED IN PUBLIC! The Arizona Legislature has declared its policy concerning open meetings very clearly: "It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward this end, any person or entity Study Session -June 14, 2011 -Page 116 of 142 -�- charged with the interpretations of this [law] shall construe any provision of this [law] in favor of open and public meetings." State law requires that all public officials elected or appointed to a public body review open meeting law materials prepared by the Attorney General at least one day before taking office. The open meeting law materials from the Attorney General's office are to be posted on the public body's website. Arizona's Open Meeting Law (Law) provides very simply that, with a few limited exceptions, all meetings of a public body shall be open to all persons desiring to attend and listen to the deliberations and proceedings. The Law defines a "meeting" as "the gathering, in person or through technological devices of a quorum of members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to such action.i Technological devices include but are not limited to e-mail, website, blogs, tweets, Facebook, telephone and video conferences and similar technologies. The label attached to a particular meeting does not alter application of the Law. Whether the meeting is referred to as regular or special, workshop or study session, the Law's requirements must be met. A meeting may also occur when less than a quorum of the council discusses a matter of city or town business and one or more members later discusses the matter with another member of the council. The only exception to the public meeting requirement is an executive session, which is discussed later. Members of the public body may express an opinion or discuss an issue with members of the public outside of a meeting without violating the open meetings law. Examples of this would include a person to person conversation, through the media or other form of public broadcast communication or through technological means if the opinion or discussion is not principally directed at or directly given to another member of the public body or if there is no concerted plan to engage in collective deliberation to take legal action .6 The Attorney General has determined that an individual member of the public body may speak to the media about an issue that may come before the public body without violating the open meeting law. "Public body" is defined as "the legislature, all boards and commissions of this state or political subdivisions, all multi member governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body. " This broad definition includes planning and zoning commissions, boards of adjustment, state licensing boards, library boards, and school boards. It also includes advisory committees and subcommittees created by action of the Mayor and Council, even if no member of the original appointing public body is a member of the advisory group. Public Notices of Meetings The Law requires a public body to give advance notice of every public meeting and executive session to the general public and to each member of the public body. In giving notice, the first step is to conspicuously post on the city /town website or on the League's website a statement identifying where notices of the meetings of the public body will be posted, including physical and electronic locations. Study Session -June 14, 2011 -Page 117 of 142 -2- Once this statement has been posted, the Law requires the public body post notice of each of its meetings in accordance with the statement and "give such additional public notice as is reasonable and practicable. Notice of individual meetings is not necessary if the public body intends to meet at a regular day, time, and place and chooses to post one notice of all of its meetings during a specified time period. 12 Such notice must be posted at the beginning of the period and specify the period covered. Except in the case of an actual emergency, no public meeting or executive session may be held with less than 24 hours' notice to the general public and each member of the public body. 13 The 24 hour period includes Saturday if the public has access to the physical posted location but excludes Sundays and holidays. The notice must include the date, time, and place of the meeting. if an executive session will be held, the notice must also cite the specific provision of law authorizing the executive session. 14 There are three exceptions to the notice requirements outlined above. First, a meeting for which notice has been properly posted may be recessed and resumed with less than 24 hours' notice, although the date, time, and place of the resumed meeting must be announced prior to recessing the originally posted meeting or the method by which notice is to be given is announced publicly. Second, an emergency meeting may be held with less than 24 hours' notice in the case of an actual emergency. Such an emergency exists when, due to unforeseen circumstances, immediate action is necessary to avoid some serious consequences that would result from waiting until the required notice could be given. Prior to the emergency discussion or action, the public body must give as much notice as possible, announce the nature of the emergency, include those reasons in the minutes of the emergency meeting, and post a public notice within 24 hours declaring that an emergency session has been held and setting forth the agenda items covered. 16 Third, notice of a meeting to consider ratification of a prior act taken in violation of the Law requires at least 72 hours advance notice. 17 Agendas In addition to notice of the date, time, and place of the meeting, the Law requires that the notice include either an agenda of the matters to be discussed, considered, or decided at the meeting, or information on how the public may obtain a copy of the agenda. The agenda for a public meeting must list the "specific matters to be discussed, considered or decided, " and should contain "such information as is reasonably necessary to inform the public of the matters to be discussed or decided.i Such items as "new business" or "old business" are insufficient unless the specific items of new or old business are identified. Agendas for executive sessions must contain a "general description of the matters to be considered" and must "provide more than just a mere recital of the statutory provisions authorizing the executive session," but the agenda should not contain information that "would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee or compromise the attorney - client privilege. " The agenda may be made part of the public notice or, if the notice advises members of the public how they can obtain an agenda, then it can be distributed separate from the notice. In either case, the agenda must be made available at least 24 hours before the meeting, unless an actual emergency exists. The 24 hour period includes Saturday if the public has access to the physical posted location but excludes Sundays and holidays. Supporting documentation that is referred to in or made part of the agenda should be made available to the public in the same time frame to the extent possible. It may be appended to the Study Session -June 14, 2011 -Page 118 of 142 -3- actual agenda itself (provided the public can read it), or the agenda may advise the public where such supporting documentation can be obtained. The agenda sets the parameters of what can be done during a public meeting. Only those items specifically listed on the agenda or matters related thereto may be discussed, considered, or decided .21 Two quasi- exceptions apply. First, agendas may include a "summary of current events" item, during which any member of the public body or the chief administrator "may present a brief summary of current events without listing in the agenda the specific matters to be summarized. ,22 However, the public body may not propose, discuss, deliberate, or otherwise take legal action on such a matter at that meeting, unless that particular matter also has been specifically identified on the posted agenda. Second, a public body may (but is not required to) put an "open call to the public" on its agenda to allow members of the public to address the public body on matters not otherwise listed on the agenda. The public body may impose reasonable time restrictions on speakers during "call to the public." However, the public may only raise issues within the jurisdiction of the public body, and members of the public body may not discuss or take legal action on new matters raised during an open call to the public. Members of the public body have four options: sit in silence or wait until "the conclusion of an open call to the public" and then respond to criticism, ask staff to review a matter, or ask that a matter be put on a future agenda so it can be discussed 23 Website postings All public notices of meetings held by any public body of a city or town which maintains a website must be posted on the website. If the city or town does not maintain a website, the information can be posted on the League's website. The open meeting law requires that cities and towns with populations in excess of 2,500 post on their website a statement showing legal actions taken by a city /town public body during a meeting or a recording of the meeting within three working days after the meeting. In addition, approved minutes of council meetings must be posted to the website within two working days of approval except for executive session minutes which remain confidential. An exception to the time frame requirements is made for advisory committees and subcommittees. Those bodies must post a statement of legal action or a recording of their meeting within 10 working days of the meeting. Minutes must remain on the website for at least one year from the date posted. Executive Sessions The Law permits an executive session (a closed meeting) to be held only for seven limited purposes. In addition to the notice and agenda requirements set forth earlier, members of the public body must vote during a public meeting to agree to meet in executive session. The general public is properly excluded from an executive session. Only those "individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities may attend the executive session." 24 The public body must instruct those present at the executive session that all matters discussed in the executive session, as well as the minutes, must be kept confidential. 25 Finally, no vote may be taken during an executive session. However, the public body may instruct its attorneys or representatives on Study Session -June 14, 2011 -Page 119 of 142 4- the issues listed below under 4, 5, and 7. Any final action on an item discussed in an executive session must be taken when the public body reconvenes in a public meeting 2 6 The only purposes for which an executive session discussion may be held are the following: 1. Personnel matters involving a specific position or individual (and these individuals must be given written notice at least 24 hours in advance in case they want to be discussed in open session)2 The employee being discussed may be invited to attend but has no right to do so. Personnel matters are extremely sensitive, and there may be other laws and city charter provisions which will apply to these discussions. It is critically important that your legal counsel be consulted. 2. Confidential information specifically exempt by law from public inspection. 3. Legal advice provided by the public body's attomey. 4. Discussion with the public body's attorney regarding pending or contemplated litigation, settlement discussions to avoid or resolve litigation, or contract negotiations. 5. Instruction of designated representatives concerning salary and compensation negotiations with employee organizations. 6. International and interstate negotiations and negotiations by a city or town with a tribal council located within or adjacent thereto. 7. Instruction of designated representatives concerning negotiations for the purchase, sale, or lease of real property. Improper use of the executive session provision is one of the most common types of Open Meeting Law violations. Therefore, a public body, with the assistance of its attorney, should establish a clear procedure to use before holding an executive session. Minutes All public bodies must take and retain written minutes or a recording of all meetings 3 0 The minutes or a recording of all public meetings must include, at a minimum, the following: 1. The date, time, and place of the meeting. 2. The members of the public body recorded as either present or absent. 3. A general description of the matters discussed or considered. 4. An accurate description of all legal actions proposed, discussed, or taken, and the names of members who proposed each motion. 5. The names of persons making statements or presenting material to the public body and a reference to the specific legal action addressed by the person. Study Session - June 14, 2011 - Page 120 of 142 -5- 6. Sufficient information to permit further investigation of the background or specific facts of a decision if the discussion in the public session does not adequately disclose the subject matter and specifics of the action taken. 7. In case of an actual emergency, a statement setting forth the reasons necessitating a discussion, consideration, or decision without the matter being placed on an advance agenda. 8. In case of ratification, a copy of the required disclosure statement. The minutes of executive sessions must contain the information described in 1, 2, 3, and 7 above, and an accurate description of all instructions given in an executive session and such other matters as may be deemed appropriate by the public body 3 1 The minutes or a recording of any meeting (except an executive session) must be available for public inspection no later than three working days after the meeting. 32 In addition, for cities and towns with populations in excess of 2,500, a statement showing legal actions taken by a city /town public body at a meeting must be posted within three days of the meeting and approved minutes of council meetings must be posted to the city /town website within two working days of approval except for executive session minutes which are confidential. Advisory committees and subcommittees have ten working days to post a statement of legal action or a recording of their meeting on the website. Minutes must be taken in executive sessions and must be kept confidential except from the members of the public body that met in executive session; the officers, appointees, or employees who were the subject of discussion in a personnel executive session; the auditor general when conducting an audit; or the Attorney General or county attorney when investigating alleged violations of the Law. If the public body wishes to exclude all staff from attending the executive session, then the minutes should be kept or recorded by a member of the public body. In addition to written or recorded minutes of the meeting, the Law provides that any part of a public meeting may be recorded by any person in attendance by means of a tape recorder, camera, or other means of sonic reproduction as long as there is no active interference with the conduct of the meeting. 34 E -Mail and Other Social Media Violations The Law applies to all meetings of a public body, whether a quorum gathers "in person or through technological devices." 35 Therefore, you should be extra careful when communicating with any other council members — even less than a quorum — via technology, such as by telephone or e-mail. This includes serial discussions where you communicate with one member and that member speaks to another etc. Otherwise, you may find that you have violated the Law. A "meeting" occurs when a quorum of a public body "gathers" and takes any one of four actions: discusses legal action, proposes legal action, takes legal action, or deliberates with respect to any such actions. An Attorney General Opinion notes that the simple act of a public body member sending out a single e-mail to a quorum of the public body could violate the Law if the e -mail proposes legal action. 36 Moreover, "[t]hree of these activities [to discuss, deliberate, or take action] necessarily involve more than a one -way exchange between a quorum of a public body," so even the simple act of a member of the public body responding to, exchanging, or otherwise circulating a -mails regarding legal action among a quorum could be interpreted as a violation of the Law. 37 Therefore, you should be extra Study Session - June 14, 2011 - Page 121 of 142 -6- cautious whenever communicating with other council members using e-mail or other technological devices. To help public bodies comply with the Law, the Attorney General recommended that, while it is not legally required, members of public bodies who send e -mails to each other might want to include the following language in their e-mail message to remind colleagues that replying or circulating an e -mail to others could be construed as discussing, deliberating, or taking legal action: "To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other board (council) members and board (council) members should not reply to this message." For similar reasons, the Attorney General advised that staff might want to use the following language: "To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other members of the public body. Members of the public body may reply to this message, but they should not send a copy of the reply to other members." Your city or town should adopt a policy governing social media and consider the provisions of the open meeting law in drafting the policy. Discussions among members of a public body via blogs, tweets, Facebook and similar social media are subject to the open meeting law in the same manner as e-mail. Ratification A public body may ratify legal action that may have been taken in violation of the Law. Ratification is appropriate when the public body needs to validate retroactively a prior act in order to preserve the earlier effective date of the action. Ratification merely validates the prior action. It does not eliminate liability of the public body or others for violation of the Law. All legal action transacted during a meeting held in violation of the Law is null and void unless ratified. The procedure for ratification is prescribed in A.R.S. § 38- 431.05(B). It is a detailed and complicated procedure that must be followed carefully, "within thirty days after discovery of the violation," and with advice by the public body's attorney. Sanctions All legal action transacted by any public body during a meeting held in violation of the open meeting law is null and void unless the ratification procedure discussed above is utilized . However, the open meeting law does not render null and void all legal action taken at a meeting at which an open meeting law violation occurs if the violation involves only a single improperly noticed agenda item. 9 The Law can be enforced against a member of a public body and any person who knowingly aids, agrees to aid, or attempts to aid anyone in violating the Law. 40 Any person affected by an alleged violation, the Attorney General, or the county attorney for the county in which an alleged violation occurred, may file an action and obtain civil penalties of up to $500 for each violation, plus attorney's fees and court injunctions against the offending public body or public official. If the court finds that a public officer (in this report the term "public officer" includes elected and appointed officials of a city or town) intentionally violated Study Session - June 14, 2011 - Page 122 of 142 -7- the Law, the court may remove the officer from office and assess him or her personally with the attorney's fee award. Moreover, a member of a public body shall not direct staff to communicate in violation of the Law. 41 In addition to enforcement of the open meeting law by the Attorney General's office, the State Ombudsman - Citizens Aide has been given investigative authority for alleged violations of both the open meeting law and public records law. The Ombudsman may investigate, hold hearings, and issue subpoenas if necessary to compel testimony or evidence when the city or town has failed to produce information when requested. The Ombudsman's office is also charged with the responsibility of providing educational programs on both laws and providing educational materials regarding the public access laws .42 CONFLICT OF INTERESTS One of the most misunderstood phrases in the media today is conflict of interests. The phrase carries such negative connotations, and yet it is only natural, in our system of part -time citizen legislators, for elected and appointed officials to face potential conflict of interests situations. It is not "bad" to have a conflict of interests, but it is illeeal to fail to declare a conflict of interests under Arizona law or to participate or otherwise be involved in discussions on issues or contracts where such a conflict exists. This portion of the report may help you identify potential conflicts of interests and how you may avoid violations of this state law, which is one of the most complicated set of laws on the books. To understand its effect on your actions we suggest you discuss the law and your particular situation with your own private attorney or your city or town attorney. You should also discuss with relatives (see definition below) their various business dealings so you do not inadvertently discuss or vote on a matter where your relative has a substantial interest. FIND OUT AHEAD OF TIME WHAT YOUR CONFLICTS ARE! Applicability The conflict of interests law covers all public officers and employees of incorporated cities and towns. This includes the mayor, council members, and members of all appointed boards and commissions (parks, planning and zoning, libraries, etc.); the city manager, his or her appointees, and all consultants; and full -time, part-time, and contractual employees of the city or town. The conflict of interests law is also applicable when the private interests of a public official's or public employee's relative are under consideration. The law broadly defines a relative to be not only a husband or wife, child, grandchild, parent, grandparent, brother or sister (and their spouses) but also the following in -laws: brothers, sisters, parents, and the child of a spouse . 43 All other relatives, whether by blood or marriage, are not subject to the restrictions of this law. Study Session - June 14, 2011 - Page 123 of 142 -8- Conflict of Interests Defined The conflict of interests law distinguishes between interests that are "remote" and those that are "substantial .,,44 Essentially what it says is that remote interests are so minor that they do not constitute illegal conflicts of interests, and that any interest which is not remote, as detailed in state law, is a substantial interest. If you have only a "remote interest" in a matter before the council, then you can vote and participate in the discussion. Here is what the law defines as a remote interest. REMOTE INTERESTS exist when the public officer or employee or a relative is: 1. A nonsalaried officer or member of a nonprofit corporation. Thus, being a nonsalaried officer or a member of a nonprofit health agency doing business or requesting a grant from the city or town technically would not constitute a conflict. 2. The landlord or tenant of a contracting party. For example, a council member may lease office space to a party that has a private interest in a public matter without it resulting in a conflict of interests. 3. An attorney of a contracting party. For attorneys who serve on council or as a member of any other public body or as employees of a public body there may be State Bar ethics rule which could restrict their actions. 4. A member of a nonprofit cooperative marketing association. 5. The owner of less than three percent of the shares of a corporation with an interest in a matter with the city or town, provided that: a. Total annual income from dividends, including the value of stock dividends, does not exceed five percent of the officer's or employee's total annual income; and b. Any other payments made to the officer or employee by the corporation do not exceed five percent of the officer's or employee's total annual income. 6. Being reimbursed only for actual and necessary expenses incurred in performance of official duties. 7. Receiving municipal services on the same terms and conditions as if the person were not an officer or employee of the municipality. Thus, when a council member who owns a business within the city or town votes for or against an increase in the business license tax, a conflict would not exist because this action would apply to all businesses in the corporate limits. 8. An officer or employee of another political subdivision, a public agency of another political subdivision, or any other public agency unless it is the same governmental entity being served who is voting on a contract or decision which would not confer a direct economic benefit or detriment upon the officer. Thus, a council member who is a school teacher may vote to enter into an intergovernmental agreement with the school district, unless such agreement would confer some direct economic benefit, such as a salary increase, upon the council member. Study Session - June 14, 2011 - Page 124 of 142 -9- - 9. A member of a trade, business, occupation, profession, or class of persons and has no greater interest than the other members of that trade, business, occupation, profession, or class of persons. A class must consist of at least ten members to qualify the interest as remote. SUBSTANTIAL INTEREST is defined in this law as any pecuniary or proprietary interest, either direct or indirect, other than those that are remote. 45 In general, a conflict of interests will result when an officer or employee of a city or town or relative of an officer or employee is involved in substantial ownership or salaried employment with a private corporation doing business with the city or town. For example, if a council member owns or is employed by a lumberyard selling to the city, then a conflict may exist. On the other hand, if the council member is the lawyer for that lumberyard, or if the council member leased land to the lumberyard, then it is possible that no conflict exists. A public officer or an employee may sell equipment, material, supplies, or services to the municipality in which the officer or employee serves if this is done through an award or contract let after public competitive bidding. 46 An exception to this law allows cities and towns to purchase supplies, materials, and equipment from a member of the council without going to public competitive bid as long as the single transaction does not exceed three hundred dollars and the annual total of such transactions with a member of the council does not exceed one thousand dollars. 47 The city or town must adopt a policy governing such purchases and must approve this policy on an annual basis. All transactions above these limits must take place as a result of public competitive bidding. However, the city or town officer or employee would not be allowed to influence the bidding process in any way and must make known in a timely manner such interest in the official records of the city or town. The Attorney General has concluded that there is no statutory restriction on a school board member or employee bidding on property being sold by the district, as long as the board member or employee publicly discloses such interest in the property being sold and refrains from participating in any manner in the decision to sell the property. Additional Provisions The conflict of interests law also contains the following restrictions on the activities of public officers and employees that should be reviewed with your city or town attorney. 1. When a public officer or employee has been directly concerned or has exercised "administrative discretion" in an issue, that officer or employee may not represent another person before an agency of the city or town on the same issue and receive compensation for such representation. This restriction extends to twelve months after termination of office or employment with the city oI town. 49 2. During the period of a public officer's term or employee's employment and for two years thereafter, a public officer or employee shall not disclose or use for the officer's or employee's personal profit, without appropriate authorization, any information acquired by the officer or employee in the course of the officer's or employee's official duties which has been clearly designated to the officer or employee as confidential and preserving its confidentiality is necessary for the proper conduct of government business. A public officer or employee cannot disclose or use confidential information obtained during the term of office or employment .50 Study Session - June 14, 2011 - Page 125 of 142 -to- 3. A public officer or employee cannot receive any compensation (other than as provided by law) for performance of services in any case, special proceeding, application, or other matter pending before any agency of the city or town. 51 4. A public officer or employee cannot use or even attempt to use his or her position to obtain anything of value that normally would not be received in the performance of official duties. Something is considered to have "value" when it exerts a "substantial and improper" influence on the duties of the public official .52 The State Bar of Arizona has placed another restriction on local elected officials who are lawyers. The State Bar ruled that attorneys on city or town councils cannot represent clients in the city or town's courts. 53 However, the Arizona Supreme Court has ruled that attorneys on city and town councils may represent clients in superior court in cases that involve members of the police department in such council member's city as adverse witnesses. 54 Declaration of a Conflict When a public officer or employee (or their relative) has a substantial interest in any decision of or contract, sale, purchase, or service to their city or town, the public officer or employee must: 1. Refrain from narticinatine in any manner (voting, discussing, or in any way attempting to influence) in their capacity as an officer or employee a decision of the governing body or agency of the city or town; and 2. Make the substantial interest known in the official records of the city or town. For a member of the council, this can be done by either declaring at a council meeting that a conflict of interests exists and having this declaration officially entered in the minutes or filing a written declaration with the city or town clerk. For an employee who faces a conflict of interests situation, the employee should file a letter with the manager or clerk declaring in writing that a conflict exists. Both officers and employees with a substantial interest must refrain from participating in any manner as an officer or employee in the decision or issue. As a best practice, you should file notice with the clerk as soon as you become aware of the conflict. The provisions of state law relating to conflict of interests, specifically the requirement that members of the council refrain from participating in or attempting to influence a decision in which they have a substantial interest, may preclude the council from acting as required by law in its official capacity. For example, this situation may occur when a majority of the members of the entire council (not just those present at a particular meeting) have a substantial conflict of interests. To address this potential problem, state law provides that if the conflict of interests statutes prevent a public body from acting as required by law in its official capacity, such action shall be allowed if the members of the public body with the apparent conflicts make known their substantial interests in the official records of the public body. 56 For example, each affected council member should state that he or she has a substantial interest in the issue before the council, and then make sure it is recorded in the official minutes of the meeting. Such statement should be made at the beginning of any discussion of the issue by the council. This process can be tricky, so seek legal counsel before proceeding. Study Session - June 14, 2011 - Page 126 of 142 -11- Legal Opinions If you ask your city or town attorney for an opinion on conflict of interests, the request is confidential. However, formal final opinions are a matter of public record and must be filed with the city or town clerk .57 This filing requirement does not apply to verbal communications between a mayor or council member and the city /town attorney. In addition, no city /town public officer or employee is personally liable for acts done in his official capacity in good faith reliance on written opinions of the city or town attorney of the city or town where they serve. Filing of Disclosures The clerk must maintain a special file for all disclosures of conflicts of interests. One method to comply with this requirement would be to place a separate copy of the council meeting minutes when a conflict is declared in a special file labeled "Conflict of Interests Disclosures." Penalties A public officer or employee who intentionally or knowingly conceals or fails to disclose any substantial interest or engages in any of the activities prohibited by A.R.S. § 38 -503 through 38 -505, is guilty of a class 6 felony, plus a conviction will automatically forfeit office. A public officer or employee who negligently or recklessly violates the conflict of interests law by failing to disclose a substantial interest or engaging in the activities prohibited by A.R.S. § 38 -503 through 38 -505, is guilty of a class 1 misdemeanor. Any person affected by a decision of a public agency where a conflict of interests is alleged may bring a civil suit in superior court, which may order equitable relief including attorneys fees to the prevailing parry. In addition, any contract made in violation of the law may be voided by action of the city or town. 58 WHEN IN DOUBT ABOUT POTENTIAL CONFLICTS, ASK YOUR ATTORNEY! PUBLIC RECORDS Arizona's Public Records Law is an odd paradox. On the one hand, the sweeping language of its core provisions makes the law appear to be straightforward and simple. On the other hand, the hundreds of exceptions in other statutes and judicial decisions can make application of the law rather complex at times. Given this unique blend of simplicity and complexity, you should learn the following basics, but then seek immediate assistance if you directly receive a request for public records. Simple and Sweeping Arizona's Public Records Law commands that "[ puublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.i The law applies to, among others, officers of cities and towns. F1 The definition of "public records" is quite sweeping, so the law reaches not only paper items (including "all books, papers, maps, photographs or other documentary materials "), but also all other information "regardless of physical form or characteristics, including ... Study Session - June 14, 2011 - Page 127 of 142 -12- items produced or reproduced on film or electronic media. " E -mail generated or maintained on a government e-mail system are public records but purely personal a -mails may be exempted from disclosure .63 Likewise, a -mails on a personal computer relating to official business may also be public records. Use of social media such as Facebook and Twitter may also create public records depending on the subject matter. The recommendation for a social media policy for compliance with the open meeting law applies to the public records law as well. Assume anything you make a record of, in any format, related to your position as a public officer or employee is a public record. The Arizona Supreme Court has ruled that a public record maintained in an electronic format includes not only the information normally visible upon printing the document but also any embedded metadata. The court has also indicated if the record is maintained electronically, in most cases it must be provided in that format. Sometimes the law specifically details what is a public record. For example, disciplinary records involving public officers or employees of a public body must be open to inspection and copying unless inspection or disclosure of the records or information in the records is contrary to law. 65 Importantly, if any doubts exist about whether a member of the public can see a particular document, courts have declared that public records are "presumed open to the public for inspection. " Complex Maze of Exceptions That presumption of openness, however, is just a presumption and not an absolute rule. Indeed, the Arizona Supreme Court has recognized three sets of exemptions to the sweeping presumption of openness: when confidentiality restrictions apply, when privacy interests of individuals outweigh the public's ri�ht to know, or when the best interests of the government outweigh the public's right to inspection. 7 First, Congress and the Legislature have enacted hundreds of confidentiality exceptions to the Public Records Law. Often buried in obscure niches of federal and state statute books, these confidentiality restrictions usually are designed to protect the public at large (e.g., prevent disclosure of the vulnerability of certain facilities to sabotage or attack) ' 68 guard the safety of certain individuals (e.g., prevent disclosure of the home addresses and telephone numbers of a long list of public officials including judges, prosecutors, public defenders, peace officers, code enforcement officers, law enforcement support staff and victims of domestic violence, stalking, or harassment), and protect against identity theft (e.g., prevent disclosure of social security numbers) . Note that you do not have independent authority to promise that documents will be protected as confidential. 71 Secondly, privacy interests may protect certain information in public records from being released. For example, the Arizona Supreme Court declared that a public teacher's birth date could be withheld from public inspection, based on the court's recognition that such personal identifying information could be combined with other information, which in turn could lead to identity theft. Finally, a record may be withheld from public inspection when disclosure would be detrimental to "the best interest" of the government. The Arizona Court of Appeals clarified this otherwise broad exemption when it noted that while "public records are presumed open to the public for inspection," certain records may be withheld if "the public official can demonstrate a factual basis why a particular record ought not be disclosed to further an important public or private interest " Note that the burden is Study Session - June 14, 2011 - Page 128 of 142 -13- on the public official to prove that the record should be kept from the public rather than on the person seeking the record. Steps to Comply Public officials should keep the following seven steps in mind to comply with public records requests. Step One: Properly Maintain Public Records Arizona law imposes duties on public officers even before they receive a request to produce public records for inspection. For example, the law mandates that "[a]ll officers and public bodies shall maintain all records ... reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state. " Moreover, "[e]ach public body shall be responsible for the preservation, maintenance and care of that body's public records and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to" an authorized document retention policy. Step Two: Seek Assistance With the exceptions to the Public Records Law ever evolving and sometimes "hidden" in statute books and judicial decisions, application of Arizona's Public Records Law can be complex. Therefore, if you ever receive a request for a public record, then the best practice is to seek help immediately from staff members who are more familiar with the law. Staff members, in turn, should contact their legal counsel for guidance to avoid problems. Step Three: Receivine a Public Records Request The law allows "any person" to request access to a public record. Importantly, the law does not require people to identify themselves when they are seeking access to public records. Nor do they have to identify why they want to see the record. Step Four: Act "Promptly The law declares that "[ a]ccess to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record," although the amendment does not define precisely what "promptly" means. Denying access to a public record exposes the public body to liability, so reasonable efforts must be made to provide the requested documents "promptly." Step Five: Inspection and Copying Members of the public actually have rights relating to public records. They have a right to "inspect" those documents, which essentially means they may "examine" or "look at" the requested records. (A court still may review the withheld documents and order them disclosed.) If a person wants, they are entitled to get "copies, printouts or photographs" of the records, which must be provided "promptly." As noted above if the records are maintained electronically, they must be provided electronically. Certain records may contain information that legitimately should be withheld from public inspection. In those situations, the information that is confidential, private or harmful to the best interest of the government should be withheld but the rest of the record should be made available to the person requesting the public record .78 Step Six: Recovering Costs Searching for and making copies of public records costs time and money. The law recognizes two categories of requestors and limits what each may be charged. When a person Study Session - June 14, 2011 - Page 129 of 142 -14- requests public records for a "commercial purpose" — for example, obtaining lists of names to try to sell insurance — then the public body may charge a "reasonable fee" for both the time searching for the records and the actual cost of the copying. 79 When, however, the request is not for a commercial purpose, then the public body may charge only for the cost of the copying; it is not authorized to charge for the cost of searching for the records. There is an exception to the right to impose any charge for records and it covers crime victims. A victim of a crime or the immediate family of the victim if the victim is killed or incapacitated is entitled to a free copy of the police report from the investigative law enforcement agency as well as the minute entry or portion of any court proceeding which is necessary for the person to pursue a claimed victim's right. There is also an exception for issuing certified copies of public records or searching for them when they are to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits to be received from the United States 81 Note: Because of the First Amendment, requests by journalists are not considered to be for a commercial purpose. Step Seven: Mailing The law allows a person to "request that the custodian mail a copy of any public record not otherwise available on the public body's website to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. " Violations Violations of public records laws come in two forms: "governmental" violations and "personal" violations. "Governmental" violations occur when the government (operating through public officials and employees) fails to comply with the public records law by, for example, refusing to produce public records, purposefully delaying the release of public records, refusing to release records based on speculation that they ma � contain information that does not need to be produced , or overcharging for copies of public records. 4 The court may award attorney fees and other legal costs that are reasonably incurred in any action under the public records law if the person seeking public records has substantially prevailed. Additionally, "[a]ny person who is wrongfully denied access to public records pursuant to this article (the public records law) shall have a cause of action against the officer or public body for any damages resulting from the denial. ,86 "Personal' violations occur when, for example, a public officer or employee releases confidential information that is protected from disclosure by statute, 87 steals or in an unauthorized way removes, secretes, mutilates, or defaces a public record, or otherwise "tampers with a public record" by destroying, altering, or falsifying a public record. The penalties for personal violations can range from removal from office and imposition of civil penalties to being convicted of a class 4, 5, or 6 felony. Study Session - June 14, 2011 - Page 130 of 142 -15- Practical Tips To avoid problems, you might want to keep the following three tips in mind. First, whenever creating documents (including informal writings, such as e-mail, which are subject to the Public Records Law presume they will be public records available for inspection, copying, and printing on the front page of the local newspaper. Therefore, be as careful with the tone and language of the document as you are with the substantive accuracy of your writing. Secondly, don't "tamper" with a public record — by destroying it, backdating it, hiding it, altering it (such as erasing or changing portions of it), or otherwise falsifying it. Each of these acts is a crime in Arizona. Redaction of confidential portions of a record may be permissible, but you should consult with your city or town attorney on what is appropriate. Thirdly, whenever you receive a request for a public record, it is a sound practice to immediately seek help from staff. INCOMPATIBILITY OF OFFICES On many occasions, local officials have asked the League whether a public official may hold two or more public offices at one time. In response to these requests, we compiled the following information to help in determining when two or more public offices may be incompatible. Early Concepts of Incompatible Offices Arizona's law prohibiting the holding of incompatible offices can be traced, in large part, to early English common law. Offices were said to be incompatible or inconsistent if- 1. The main duties of the two offices could not be carried out with care and ability; or 2. One office is subordinate to and interferes with the other office such that the duties of the two offices cannot be performed at the same time with "impartiality and honesty." Very few laws, if any, have been based upon the first principle. Apparently, it has been difficult to determine when an individual fails to execute the duties of two public offices with "care and ability." The second principle mentioned above has been the basis for most Arizona law on the incompatibility of public offices 91 State Laws and Interpretations From Arizona's Constitution and statutes, and interpretations by the Attorney General and the League's General Counsel, we have compiled a list of legal provisions focusing on the issue of incompatible public offices. Study Session - June 14, 2011 - Page 131 of 142 -16- Arizona State Constitution 1. No member of the Legislature may hold any other office or be employed by the state or any county, city, or town, except a legislator may also be a school board member or a teacher. 92 2. Incumbents of a salaried elective office may not "offer" themselves for nomination or election to any salaried local, state, or federal office unless during the final year of their term. However, an incumbent may resign and then run for another office. 93 3. Justices of the peace may hold the additional position of police magistrate in incorporated cities and towns. 94 State Statutes 1. A public official may not hold two salaried public offices at the same time. However, elected officials in the final year of their term of office may offer themselves for nomination to another elected office. The point in time at which an elected official is determined to have offered herself or himself for nomination or election to another public office is upon the filing of nomination papers or upon formal declaration of candidacy for such office, whichever occurs first 95 2. Mayors, aldermen, or council members cannot receive any compensation from the city or town during the term of office for which they were elected in addition to the compensation paid to them as elected officials. 96 As a result, city and town elected officials cannot hold any other paid public office with the city or town. In the opinion of our League General Counsel, this provision also prevents a mayor or council member from resigning office and accepting another compensated position with the municipality prior to the end of the term of office for which the person was elected. 97 3. Public defenders employed by the county may also serve as public defenders for a city or town. State law requires the city or town to reimburse the county for the public defender's services. 8 4. Members of the State Personnel Board and most state employees cannot be candidates for nomination or be elected to any paid public office, nor may they take part in managing a political party or political campaign. Certain state employees are exempted from these restrictions, so we suggest that you discuss individual cases with your city or town attorney. 5. A person may not be a candidate for more than one public office if the elections for the offices are held on the same day and the person would be prohibited from serving both positions simultaneously. loo City Charter Provisions If you are holding office in a charter city, there may be additional limitations placed on your ability to hold other public offices. We suggest you consult the charter or your city attorney on any such provisions. Study Session - June 14. 2011 - Page 132 of 142 -17- Attorney General Opinions The Attorney General has issued a number of opinions on the topic of incompatibility of office. Of particular interest to cities and towns: 1. State employees subject to the State Personnel Commission may not hold the position of city or town council member, if the council position is compensated.' 01 2. The positions of school board member and council member could be held by the same individual because the school board position was uncompensated. 102 3. A legislator may not assume an elective office in a charter city during the legislative term for which he or she was elected.' 4. The duties of a county supervisor are not inherently inconsistent with the duties imposed on a member of the Arizona Board of Regents. 104 League General Counsel Opinions The League's General Counsel has been requested on a number of occasions to issue opinions on possible instances of incompatible offices. The following is a list of these opinions: 1. One individual in a non - chartered city cannot hold the positions of mayor and city or town magistrate at the same time. 2. The compensated positions of city alderman and volunteer fireman could not be held at the same time by one individual because aldermen can only receive the specific compensation designated by law for their service as aldermen.' 06 3. A magistrate, during absence from his post, may request another magistrate or justice of the peace from a neighboring city or town to serve in his post. The city or town should, however, adopt an ordinance authorizing this arrangement. 107 4. The General Counsel of the League also suggests that the offices of town manager and police magistrate not be held by one individual. Before an employee accepts another public office, local ordinance provisions and personnel rules and regulations should be consulted. For particular employees there may be departmental regulations that also govern such activities. Study Session - June 14, 2011 - Page 133 of 142 -18- NEPOTISM As a city or town official, you must exercise caution when your relatives are being considered for appointment to offices or positions of employment with the city or town. Arizona's anti- nepotism statute prohibits public officials from appointing their relatives to offices or positions of employment compensated from public funds. 108 Specifically, any executive, legislative, ministerial, or judicial officer cannot appoint or vote for (or even suggest, arrange, or be a party to) the appointment of a relative who is related by blood or marriage "within the third degree" to a paid office or position of employment. Public officers of a city or town subject to this restriction would include mayors, council members, appointed officials, and department heads. As mentioned above, the law prohibits the appointment of relatives by blood or marriage "within the third degree." To apply this law accurately, there is a method to compute whether a person is related within what is legally defined as the "third degree." In summary, this method of computation would prohibit a public officer from appointing or participating in the appointment of the following in -laws or blood relatives: a husband or wife, brother or sister, parent or child, great grandparents, grandparents, grandchildren, great grandchildren, uncles or aunts, and nephews or nieces. 9 To illustrate, the Attorney General found that the wife of a justice of the peace could be appointed by her husband to perform the function of setting bail. This Opinion was based in part on the fact that the public official's wife was not compensated for these duties. In another Attorney General's Opinion a justice of the peace could not appoint his wife's sister to a compensated position of clerk without violating this law. 111 One important question is whether a city or town employee can continue employment after a relative within the third degree has assumed a position on the city or town council or some other position with appointment authority. In addressing a situation of this nature, the General Counsel of the League was of the opinion that an employee could continue employment even though a relative was elected to the city or town council! 12 However, if a situation arises where the employee's appointment or reappointment is placed before the council, the relative on the council should not participate in any way in that decision. i The council- manager form of government or the existence of a merit system also affect the application of the anti - nepotism law because the law does not prohibit the appointment or employment of a relative, but rather governs the participation of the related public official in the decision - making process. If there are questions that relate to nepotism, we suggest that you discuss these with your local city or town attorney. In most instances, questions of nepotism can be clarified quickly due to the precise nature of this law. FINANCIAL DISCLOSURE State law requires elected officials, including those appointed to elective office, to file an annual financial disclosure statement. 114 Since 1984, cities and towns have been required to adopt standards of financial disclosure consistent with the standards imposed for state elected officials.) is The annual financial disclosure statement is due each year on January 31 covering the immediately preceding calendar year. The city or town clerk should make the forms available to meet this filing Study Session - June 14, 2011 - Page 134 of 142 -19- requirement. 116 Candidates for city or town office must file the financial disclosure statement covering the preceding twelve -month period when nomination papers are filed. 117 The law requires elected public officials to disclose personal financial data including information on members of the "household" (defined as the public official's spouse and any minor child of whom the official has legal custody). Information on business holdings is required under certain circumstances. Property owned by the official or a member of the official's household must also be reported (with certain exceptions). The report must be filed with the city or town clerk and is available for public inspection. Failure to file or filing a false or incomplete financial disclosure statement, if done knowingly, is a class 1 misdemeanor. 18 LIMITS ON ENTERTAINMENT In 2000, the Legislature extended part of the state's lobbying laws to prohibit certain entertainment for local officials if paid by compensated lobbyists. The law provides that it is illegal for a compensated lobbyist to offer and for a member of a city or town council (as well as other local governing bodies) to accept "an expenditure or single expenditure for entertainment." 119 Careful attention to these three parts — the giver, the recipient, and the outlawed gift — is important because violations may result in criminal and civil penalties. 120 As for the giver, the law applies to "a person who for compensation attempts to influence the passage or defeat of legislation, ordinances, rules, regulations, nominations and other matters that are pending or proposed or that are subject to formal approval by the corporation commission, a county board of supervisors, a city or town governing body or a school district governing board or any person acting on that person's behalf." So even if the people offering entertainment do not call themselves "lobbyists," the law still applies if they are compensated to do any of the things listed. Next, as for the receiver, the law applies in the city and town context to city /town elected officials (whether elected or appointed), but not directly to city or town staff (although local ordinances or policies might). 121 Third, the law prohibits giving or receiving "entertainment," which is defined to mean "the amount of any expenditure paid or incurred for admission to any sporting or cultural event or for participation in any sporting or cultural activity " 122 As written, the ban prohibits not only receiving tickets to attend a sporting or cultural event, but also having a compensated lobbyist pay for your participation in any cultural or sporting event. In other words, a compensated lobbyist may not offer — and council members cannot accept — tickets to sporting or cultural events (such as baseball, basketball, football, hockey, or soccer, or any other sports at any level — professional, college, or local — or art gallery, ballet, movie, opera, theater, or anything else). Nor may they offer to pay or you allow or accept their payment for your "participation" in "sporting or cultural" activities such as golf, fishing, hunting, bowling, yoga, painting, ballet, or any other activity. Study Session - June 14, 2011 - Page 135 of 142 -20- CONCLUSION Accepting a position as a public official may introduce a number of complex and confusing legal situations into an individual's life. This report has tried to shed some light on selected areas of law that place restrictions and requirements on the activities of public officials in Arizona cities and towns. If the report has raised questions, please do not hesitate to contact the League office. However, we emphasize the importance of consultation with your personal attorney or the city or town attorney on specific questions regarding all of the subjects discussed in this report. Study Session - June 14, 2011 - Page 136 of 142 -21- ENDNOTES 1. To read the state statutes on the Open Meeting Law see A.R.S. § 38 -431 through 38431.09. 2. A.R.S. § 38431.09. 3. A.R.S. § 38- 431.01(G). The open meeting law information from the Attorney General's office can be accessed at www.azag.gov and on the city /town website. The Arizona Ombudsman - Citizens' Aide office also produces a helpful publication on the requirements of the open meeting law. It can be accessed at www.azoca.gov. 4. A.R.S. § 38431.01(A). The Open Meeting Law grants the public the right to attend and listen to a public body's deliberations and proceedings. See Attorney General Opinions I83 -049 and 184 -133. This includes the right to know exactly how each individual council member votes on an issue. A superior court has ruled that a secret ballot procedure used to select the mayor from the common council violates the Open Meeting Law. See Mohave County Attorney v. Common Council of the City of Kingman (No. SA -140, June 14, 1983). 5. A.R.S. § 38- 431(4). 6. A.R.S. § 38- 431.09. 7. Attorney General Opinion 107 -013. 8. A.R.S. § 38- 431(6). 9. For a discussion of the applicability of the Open Meeting Law to advisory committees and special boards created by political subdivisions see Attorney General Opinions I92 -007 and 107 -001. 10. A.R.S. § 38- 431.02(A). 11. A.R.S. § 38- 431.02(A)(4). 12. A.R.S. § 38431.02(F). 13. A.R.S. § 38- 431.02(0). 14. A.R.S.§ 38- 431.02(B). 15. A.R.S.§ 38- 431.02(E). 16. A.R.S. § 38- 43L02(D),(J). 17. A.R.S. § 38- 431.05(B)(4). 18. A.R.S. § 38- 431.02(H). 19. A.R.S. § 38- 431.09. The Open Meeting Law does not specifically prohibit a public body from considering agenda items in an order different from that appearing on the agenda. However, when changing the order Study Session - June 14, 2011 - Page 137 of 142 -22- of discussion, it must be done in a way that is not designed to deny any member of the public the opportunity to listen to the discussion of any agenda item. See Attorney General Opinion I83 -56. 20. A.R.S. § 38- 431.020. 21. A.R.S. § 38- 431.02(H). 22. A.R.S. § 38- 431.02(K). 23. A.R.S. § 38- 431.01(H). 24. A.R.S. § 38431(2). 25. A.R.S. § 38431.03(C). 26. A.R.S. § 38431.03(D). See also Johnson v. Tempe Elementary School Dist. Governing Board, 199 Ariz. 567, 20 P.3d 1148 (App. 2000) (court of appeals dismissed a public body's appeal as improper when the public body instructed its attorney in an executive session to file an appeal but then failed to confirm that instruction in public with a proper formal vote). 27. A.R.S. § 38431.03(A)(1). The other exceptions are also set forth in A.R.S. § 38-431.03(A). 28. Only legal advice, not policy discussions, may be discussed. See City of Prescott v. Town of Chino Valley, 66 Ariz. 480, 803 P.2d 891(1990). 29. See Tanque Verde Unified School Dist. v. Bernini, 206 Ariz. 200, 76 P.3d 874 (App. 2003) (affirming that a public body violated the Open Meeting Law by conducting a site selection process in an executive session). 30. A.R.S. § 38- 431.01(13). 31. A.R.S. § 38- 431.01(C). 32. A.R.S. § 38- 431.01(D). 33. A.R.S. § 38- 431.03(B). 34. A.R.S. § 38- 431.01(F). 35. A.R.S. § 38- 431(4). 36. Attorney General Opinion I05 -004 ("Board members must ensure that the board's business is conducted at public meetings and may not use e-mail to circumvent the OML (open meeting law) requirements.... While some one -way communications from one board member to enough members to constitute a quorum would not violate the OML, an e -mail by a member of a public body to other members of the public body that proposes legal action would constitute a violation of the OML. "). 37. Arizona Agency Handbook § 7.5.2 produced by the Arizona Attorney General's Office. ( "Public officials may not circumvent public discussion by splintering the quorum and having separate or serial discussions.... Splintering the quorum can be done by meeting in person, by telephone, electronically, or through other means to discuss the topic that is or may be presented to the public body for a decision. ") -23- Study Session - June 14, 2011 - Page 138 of 142 38. A.R.S. § 38- 431.05(A). 39. Attorney General Opinion I08 -001. 40. A.R.S. § 38- 431.07(A). 41. A.R.S. § 38- 431.01(I). 42. A.R.S. § 41- 1376.01. 43. A.R.S. § 38- 502(9). 44. Compare A.R.S. § 38- 502(11) ( "substantial interest") and 38- 502(10)( "remote interest "); see also Attorney General Opinion I85 -052. 45. A.R.S. § 38- 502(11). See also Attorney General Opinion I03 -005. 46. A.R.S. § 38- 503(C). See also Attorney General Opinions 70 -5, 79 -067, 79-133,106-002; General Counsel Opinion May 17, 1979, and letter dated October 23, 1984 from Attorney General to Town of Parker. 47. A.R.S.§ 38- 503(C)(2). 48. Attorney General Opinion I85 -067. 49. A.R.S. § 38- 504(A). 50. A.R.S. § 38- 504(B). 51. A.R.S.§ 38 -505. 52. A.R.S. § 38- 504(C). 53. State Bar Ethics Opinion No. 74 -28. 54. See Gomez v. Superior Court, 149 Ariz. 223, 717 P.2d 902 (1986). 55. A.R.S. § 38- 503(A), (B). 56. A.R.S. § 38 -508. 57. A.R.S. § 38 -507. 58. A.R.S. § 38 -506 and A.R.S. § 38 -511. 59. See also Arizona Agency Handbook prepared by the Attorney General's Office (www.azag.gov) and Arizona Public Records Law prepared by the office of the Arizona Ombudsman- Citizens' Aide (www.azoca.gov). 60. A.R.S.§ 39 -121. 61. A.R.S. § 39- 121.01(A). -24- Study Session - June 14, 2011 - Page 139 of 142 62. A.R.S. § 41 -1350. 63. Griffis v. Pinal County, 156 P.3d 418, 215 Ariz. 1 (2007). 64. David Lake v. City of Phoenix, 218 P.3d 1004, 222 Ariz. 547 (2009). 65. A.R.S. § 39 -128. 66. Carlson v. Pima County, 687 P.2d 1242, 1246 (Ariz. 1984). 67. Carlson v. Pima County, 687 P.2d 1242, 1246 (Ariz. 1984). 68. A.R.S.§ 39 -126. 69. A.R.S. § §§ 11483, 16 -153, 39- 123(A). 70, 42 U.S.C. § 405(c)(ii), (viii)(1), and A.R.S. § 44 -1373. 71. Moorehead v. Arnold, 637 P.2d 1242 (Ariz. App. 1981). 72. Scottsdale Unified School Dist. v. KPNX Broadcasting, 955 P.2d 534,537 (Ariz. 1998). 73. Star Publishing Co. v. Pima County Attorney's Office, 891 P.2d 899, 901 (Ariz. App. 1994). 74. A.R.S. § 39- 121.01(B). 75. AR-S. § 39- 121.01 ©. 76. A.R.S. § 39- 121.01(D)(1), (E). See also Phoenix New Times, L.L.C. and John Dougherty v. Joseph M. Arpaio, 177 P.3d 275, 217 Ariz. 533 (Ariz. App. Div. 1, 2008) and West Valley View, Inc. V. Maricopa County Sheriff s Office, 165 P3d. 201, 216 Ariz. 225 (Ariz. App. Div. 12007). 77. A.R.S. § 39- 121.01(D)(1). 78. Carlson, 687 P.2d at 1243 -1246 ( "a practical alternative to the complete denial of access would be deleting specific personal identifying information, such as names "); see also Cox Arizona Publications v. Collins, 852 P.2d 1194, 1198 (Ariz. 1993) (finding that the County Attorney violated the Public Records Law by withholding public records without offering to redact portions and producing the rest for inspection). 79. A.R.S. § 39- 121.03 (explaining what may be charged for commercial copies). 80. A.R.S. § 39 -127. 81. A.R.S. § 39 -122. 82. A.R.S. § 39- 121.01(D)(1). 83. Star Publishing Co. v. Pima County Attorney's Office, 891 P.2d 899 (Ariz. App. 1994). 84. Hanania v. City of Tucson, 624 P.2d 332 (Ariz. App. 1980). -25- Study Session - June 14, 2011 - Page 140 of 142 85. A.R.S. § 39- 121.02(A),(B). 86. A.R.S. § 39- 121.02(C). 87. A.R.S. §§ 39-124,13-2401. 88. A.R.S. § 38421. 89. A.R.S. §§ 13 -2407. 90. Attorney General Opinion I05 -04 at 10 ( "E -mails that board members or staff generate pertaining to the business of the public body are public records. [citations omitted] Therefore, the a -mails must be preserved according to a records retention program and generally be made available for public inspection. "). 91. McQuillin on Municipal Corporations Volume 3, Section 12.67. See also Attorney General Opinion 76 -41. 92. Arizona Constitution, Article IV, Part 2, Section 5; Attorney General Opinion 77 -221. 93. Arizona Constitution, Article XXII, Section 18. See also A.R.S. § 38 -296 and Attorney General Opinion 82 -001. 94. Arizona Constitution, Article VI, Section 32. Justice of the peace and magistrate courts are not courts of record and would not be subject to the restriction of Article VI, Section 28 of the Constitution. 95. A.R.S.§ 38 -296. 96. A.R.S. § 9 -304. 97. General Counsel Opinion August 17, 1988. 98. A.R.S.§ 11 -585. 99. A.R.S.§ 41 -772. 100. A.R.S. § 38- 296.01. 101. Attorney General Opinion 71 -32 -L. The Attorney General further opined that the State Personnel Commission's jurisdiction extends to all state offices and positions except those specifically exempted by law. See also A.R.S.§ 41 -772. 102. Attorney General Opinions 72 -20 -L and 80 -061. 103. Attorney General Opinion 77 -221. 104. Attorney General Opinion 80 -019; see also Attorney General Opinions 59 -30, 75 -2 -L, and 77 -216. 105. General Counsel Opinion December 10, 1965. 106. General Counsel Opinion November 2, 1966. 107. General Counsel Opinion May 26, 1970. -26- Study Session - June 14, 2011 - Page 141 of 142 108. A.R.S. § 38481. 109. See Graham County v. Buhl, 76 Ariz. 275, 263 P.2d. 537 (1953), and Attorney General Opinion 77 -115. 110. Attorney General Opinion 63 -75 -L. 111. Attorney General Opinion 63 -9. See also Attorney General Opinions 54 -26, 65 -6 -L. 112. General Counsel Opinions June 24, 1968 and January 19, 1977. See also Attorney General Opinion 78 -71. 113. See Attorney General Opinion 77 -138. 114. A.R.S. Title 38, Chapter 3. 1, Article 1. 115. A.R.S.§ 38 -545. 116. See League Municipal Election Manual for forms. 117. A.R.S.§ 38 -543. 118. A.R.S.§ 38 -544. 119. A.R.S. § 41- 1232.08(B). 120, Attorney General Opinion I00 -031. 121. League General Counsel Opinion January 15, 2001. 122. A.R.S. § 41- 1231(5). -27- Study Session - June 14, 2011 - Page 142 01142