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HomeMy WebLinkAbout09/05/2006 Blue Sheet Standard Procedures for Citizen Advisory Commissions TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA September 5, 2006 AGENDA ITEM: J.5 TO: MAYOR AND COUNCIL FROM: Jocelyn Bronson, Town Clerk, and Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2006.25: Relating to Boards, Commissions and Committees: adopting and standardizing procedures for Citizens' Advisory Commissions and for appointments to boards, commis- sions and committees; deleting redundant town code provisions re- lating to the Planning Commission, Board of Adjustment and spe- cial committees; amending Marana Town Code Title 2 by replac- ing section 2-6-2 and deleting chapters 2-7, 2-8 and 2-9; amending the Marana Land Development Code by modifying sections 02.02.01 and 02.02.02 and deleting section 02.03.05; and declaring an emergency. DISCUSSION At the April 25, 2006, study session staff presented draft procedures to Council relating to the formation of four new seven-member citizen advisory commissions (CACs): Parks and Recrea- tion, Affordable Housing, Utilities, and Arts. Council asked staff to bring back the final proce- dures for Council approval. The amended adopting ordinance sets forth standard procedures for all new and existing boards, committees and commissions. A new link entitled "Boards, Commissions and Committees" will be added to the Town's official web site, which is also an official posting location for statutory notices and advertisements. There will be a link to the Town Clerk and to Community Programs. To the extent local news- papers are able to accommodate timely notification (due to printing schedules), staffwill also provide notification of vacancies to the public through the print media. The following will be posted on the website at all times: (1) Advertisement (2) Volunteering with an Advisory Commission (3) Citizen Advisory Commission Application, (4) current mem- bership of advisory bodies and (5) Citizen Advisory Commission establishing ordinance. Upon Council approval, the Advertisement will be posted. From that time forward, CAC applica- tions will be accepted by the office of the Town Clerk. All applications will be delivered to the Manager's Selection Committee. The selection committee will forward all applications and its recommendations to Council. Council will review the recommendations and make appoint- ments at the next regularly scheduled Council meeting. The Council may wish to interview can- didates in executive session. If so, the Town Clerk will advise the candidates of the time and place of the meeting. Appointments may be made at the conclusion of the executive session. Citizen Advisory Commissions Once a CAC has been filled with at least four members, the Town Clerk will schedule an orienta- tion, distribute the CAC Handbook and give the loyalty oaths to each member. A chairperson may be selected and bylaws adopted. The bylaws will govern the activities of the CAe. The Town Clerk should be notified immediately of any vacancies on CACs. In reviewing the current advisory committee memberships it was determine that all existing boards, committees and commissions could benefit from adhering to these standardized proce- dures. When adopted by Council, the attached Citizen Advisory Commission Handbook and at- tachments will guide and regulate existing and future CACs. ATTACHMENTS Citizen Advisory Commission Handbook with attachments (previously distributed). RECOMMENDATION Staff recommends approval of Ordinance No. 2006.25. SUGGESTED MOTION I move to adopt Ordinance No. 2006.25. {00001219.DOC /} -2- MARANA ORDINANCE NO. 2006.25 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; ADOPTING AND STANDARDIZING PROCEDURES FOR CITIZENS' ADVISORY COMMISSIONS AND FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES; DELETING REDUNDANT TOWN CODE PROVISIONS RELATING TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT AND SPECIAL COMMITTEES; AMENDING MARANA TOWN CODE TITLE 2 BY REPLACING SECTION 2-6-2 AND DELETING CHAPTERS 2-7, 2-8 AND 2-9; AMENDING THE MARANA LAND DEVELOPMENT CODE BY MODIFYING SECTIONS 02.02.01 AND 02.02.02 AND DELETING SECTION 02.03.05; AND DECLARING AN EMERGENCY. WHEREAS a consistent procedure for appointment of members to the various Town boards, commissions and committees is in the best interest ofthe Town of Marana; and WHEREAS elimination of duplications in the Marana Town Code (specifically, in Town Code Title 2 and the Town Land Development Code, which is in the process of being reformat- ted into Town Code Title 17) will eliminate redundancy, confusion and potential misinterpreta- tion. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 2-6-1 and the title of existing Chapter 2-6 of the Marana Town Code are hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininl!): Chapter 2-6 SPECIAL AND STANDING BOARDS, COMMISSIONS AND COMMITTEES Section 2-6-1 EstablishmentCreation and dissolution ~ The council may create and dissolve those soecial and standing boards, com- missions or committees as it deems necessary upon a majority vote of the council, except as otherwise provided in this code or as required by statute. B. Unless alreadv orescribed elsewhere in the aoolicable law. the motion or resolution creatina a board. commission or committee shall describe its oow- ers and ouroose and establish the number and aualifications of its member- ~ c. The motion or resolution creatina a soecial board. commission or committee mav orovide for its dissolution after a oeriod of time or uoon comoletion of its assianed task. {00002458.DOC / 2} - 1 - 8/1120063:17 PM FIC D. The board. commission or committee shall exercise its Dowers and Duroose with reSDect to matters within or affectine the iurisdictional boundaries of the town. unless the motion or resolution creatine the board. commission or com- mittee Drovides otherwise. SECTION 2. Section 2-6-2 of the Marana Town Code is hereby deleted and replaced with the following new Sections 2-6-2 through 2-6-5: Section 2-6-2 Application, recommendation, appointment and removal A. Vacancies on new and existing citizen boards, committees and commissions shall be announced on the town's internet web site with an open invitation so- liciting applications from interested citizens. Additional notices may be pub- lished and posted as directed by the town manager. B. The town clerk shall receive citizen applications for a minimum of ten working days after the announcement first appears on the town's internet web site. C. No more than twenty days after the announcement first appears on the town's internet web site, the town clerk shall forward all applications to the town man- ager. D. The town manager and/or one or more individuals appointed by the town manager shall review the applications, investigate the qualifications of the ap- plicants, and make a recommendation to the town council concerning the ap- pointment. E. The town council shall receive the applications and the recommendation at a regularly scheduled public meeting not more than thirty days after the town manager's receipt of the applications. The town clerk shall mail each citizen applicant notice of the public meeting concerning the appointment. F. At the public meeting concerning the appointment, the town council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take applications from the audience. 5. Receive nominations from members of the town council. 6. Take any other action it deems appropriate. G. Citizen members of boards, committees and commissions shall serve without compensation, except for reimbursement of town-approved necessary and reasonable expenses incurred in accomplishing the purposes of the board, committee or commission. H. A member of any board, committee or commission may be removed from of- fice with or without cause by a majority vote of the entire membership of the town council. Section 2-6-3 Terms of office All terms of office for boards, commissions and committees shall be for four years, except that the initial terms of office of any new board, commission or {00002458.DOC / 2} - 2 - 8/1/20063:17 PM FJC committee shall be staggered so that the terms of no more than a simple major- ity of members ends every two years. Section 2-6-4 Modification by motion or resolution The town council may by motion or resolution modify any of the procedures set forth in this chapter where it deems appropriate for a particular vacancy, board, commission or committee. Section 2-6-5 Applicability of this chapter Except as they may later be modified by motion or resolution pursuant to sec- tion 2-6""4, the procedures set forth in this chapter shall apply to all new or exist- ing boards, commissions and committees. SECTION 3. Existing Chapters 2-7 ("SPECIAL COMMITTEES"), 2-8 ("PLANNING AND ZONING COMMISSION") and 2-9 ("BOARD OF ADJUSTMENT") of the Marana Town Code are hereby deleted in their entirety. SECTION 4. Existing Sections 02.02.01 and 02.02.02 of the Town of Marana Land De- velopment Code are hereby revised as follows (with deletions shown with strikeouts and addi- tions shown with double underlininl!): 02.02.01 Establishment and Composition A- The Town Council of the TO'.vn of Mar::ma hereby creates a Planning Com- mission to consist of seven voting members_ and one ex officio member cho sen from among the members of the Town Council. The seven regular mem bers of the Plonning Commission sholl be appointed by the Mayor with the consent of the Town Council from among the qualified electors of the Town. The members sholl be selected without regard to political affiliation and shall serve without compensation, except f-or the reimbursement of necessary and reasonable expenses incurred in accomplishing the purposes of the commis sion, provided such expenses have been approved in accordance with the Town's Financial Procedures Ordinance. B. Terms of Office, Filling of Vacancies, and Removal. The terms of offioe of the Town Council Member designated to serve os the ex offioio member of the Planning Commission shall correspond to his tenure of office ac a member of the Town Council. The terms of office for the appointive regular members of the Planning Commission shall be six years. Vacancies occurring othel'h'ise than through the expiration of terms shall be filled by appointment by the Mayor '.vith the consent of the Town Council. Regular members of the Plan ning Commission may be removed from office without cause, by a majority vote of the entire membership of the Town Council. 02.02.02 Organization The Planning Commission shall be by appointment of the TO'lm Council. Its membership shall consist of a Chairperson, a Vice-Chairperson, ~along with five other voting members and one ex officio member chosen from among the members of the Town Council. The Commission shall adopt rules for its own or- ganization and for the transaction of its business!o, but such IlliLrules shall not be-iA-conflict with other sections of this Code or other Ordinances of the Town of Marana or with the laws of the State of Arizona. {00002458.DOC / 2} - 3 - 8/1/20063:17 PM FJC SECTION 5. Section 02.03.05 of the Town of Marana Land Development Code is hereby deleted. SECTION 6. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of September, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00002458.DOC / 2} -4- 8/1/20063:17 PM FJC HANDBOOK FOR CITIZEN ADVISORY COMMISSIONS r=-l- ..;;, MARANA ~71' TOWN OF MARANA "Committed to the future....Jnspired by the past" Prepared by the Office of the Town Clerk September 2006 THE CITIZEN ADVISORY COMMISSION HANDBOOK 2006 Citizen Advisory Commissions of the Town of Marana .........~,....._~.,..__.'.K""""""~'~....,.........."_.........,,..,,"."..~._..~ TABLE OF CONTENTS Mission statement... ... ... '" ... ...... ...... '" '" ...... ... ... ... ... '" ... ...... ............ ....... 1 Council and staff...... ............ ......... ...... ............... ......... ... ... ... '" '" '" ...... '" 1 Introduction .. . . .. . .. .. . .. . . .. . .. . .. . . . . .. .. . . .. .. . . .. .. . . .. . . . . .. . .. .. . .. . . .. . .. .. . .. . .. . . .. .. . .. . '" 1 Purpose of the CAC ................................................................................ 2 Responsibility of the CAC... ... ... ... ... '" ... ... '" ... ... '" ... ... ... ... ... ... '" ... ... ... ... ... ..2 What is a CAC?....... ............................................................................... 2 Establishing ordinance............................................................... ......... ..... 2 Bylaws ................................................................................................. 2 Responsibilities of the chair ... ...... ... ... ...... ... ...... ...... ...... ...... '" ... ... ... ... ... '" ..2 Responsibilities of the CAC secretary ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...3 Responsibilities of the staff liaison ... ... '" ......... ... ............... ...... ...... ... ...... ... 3 Responsibilities of clerical support staff................. ................................. ...... ............4 Term lim its ............................................................................................ 4 Applications, vacancies, appointments, re-appointments, attendance and resignations ....................................................................................................... 4 Attendance ... ... ... ... ... ... ... ... ... ... ... ... ... ... '" ... ... ... '" ... ... '" ... ... ... ... ... ... ... ....5 Proper procedures ... ... ... '" ... ... ... ... ... ... ... ... ... ... ... '" ...... ... '" ... ... ... ... ... ... ....6 Meeting facilities......... ... ... ...... ... ... ...... ...... ... ... ... ... '" ... ...... ... ... ...... ... .......6 The Arizona Open Meeting Law... ... ... ........... ... ...... ... .................. ...... ..........6 Possible conflict of interest for CAC members ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....6 Posting of meeting notices and agendas.................. ...... ............ ................. 6 Creating and formatting the agenda '" ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...6 Requests from town departments, applicants, citizens and outside agencies....... 8 Items not appropriate for CAC agendas... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... .... 8 Conducting a meeting... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...9 Attendance - determination of a quorum... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...9 Minutes................................................................................................. 9 Handling new topics not on the agenda ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....9 Making a motion and voting ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ....10 Action items .......................................................................................... 10 Making no recommendation on an item ...................................................... 10 Recommendation letters... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 10 Types of CAC meetings... ... ...... ...... ...... ... .. .... '" '" ...... '" ... .. .... ... ......... ... .. 11 The media and meeting promotion..................... ... ...... ... ...... ...... . .. ...... ....... 11 Appendix Advertisement ... ... ... ... '" ... ... ... ... ... ...... ... ... ... ... ... ...... ... '" ... ... ... ... ...... ... .... A Volunteering with a citizen advisory commission... ... ... ... ... ... ... ... ... ... ... ... '" .... B Citizen advisory commission application... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....C CAC rosters and meeting schedule... ...... ... ... ... ... ... ... ... ... ... ... ... '" ... ... ... ... .... D CAC establishing ordinance ...................................................................... E Bylaws... ... ... ... ... . . . ... ... .. . .. . ... ... ... ... ... . .. ... .. . ... .. . " . ... . .. ... . .. ... ... ... ... ... ... ... .. F Requirement for disclosure.. . '" ... ... ... '" ... ... ... ... ... ... ... ... ... ... ... . .. ... ... ... ... '" ... G Disclosure statement... ... ... ... ... '" ... ... ... ... ... ... ... ... ... ... '" ... ... ... ...... ... ... ... .... H Official notice of meeting... ... ... ... ... ... ...... ... ... ... ... ... '" ... ... ... ... ... ... ... ... ... ... ...1 Arizona League of Cities and Towns I You As a Public Official'... ........................J Arizona Attorney General Opinion on Open Meeting Law requirements............. .K CAC mission statements... .. . ... ... ... ... ... ... ... ... ... .. . .. . '" ... ... ... ... . .. ... ... ... ... . .. .. . L TOWN OF MARANA MISSION STATEMENT Our purpose is to provide our citizens with high-quality and valuable municipal services that will enhance and benefit their lives. We will strive to do this by being responsive and responsible in working with public and private entities. Our goal is to ensure that Marana remains a safe, stable and attractive community. Town Officials Ed Honea, Mayor Herb Kai, Vice Mayor Bob Allen, COuncil Member Jim Blake, Council Member Patti Comerford, Council Member Tim Escobedo, Council Member Carol McGorray, Council Member Administrative Staff Position Name Telephone Town Manager Mike Reuwsaat 382-1911 Deputy Town Manager Gilbert Davidson 382-1912 Assistant Town Manager Jim DeGrood 382-1906 Town Attorney Frank Cassidy 382-1940 Town Clerk Jocelyn Bronson 382-1960 Chief of Police Richard Vidaurri 382-2000 Planning Director Barbara Berlin 382-2611 Finance Director Vacant 382-1930 Human Resources Director Regina Fleming 382-1920 Community Development Director T Van Hook 382-1909 Information Technology Director Tony Cassella 382-1970 Geographic Info Systems Director Joe Lettrick 382-1990 Parks and Recreation Director Tom Ellis 382-1950 Town Engineerl Asst. Director of Public Works Keith Brann 382-2629 Asst. Director or Public Works/CIP Kevin Thornton 382-2673 Municipal Court Administrator Joe Teta 382-2712 Municipal Court Judge Jim West 382-2710 Utilities Director Brad DeSpain 382-2500 Airport Director Charles Mangum 682-9565 Operations & Maintenance Mike Mencinger 382-2500 INTRODUCTION Thank you for volunteering your time and energy representing your community as a member of a Citizen Advisory Commission (CAC). The procedures adopted for the CACs apply to all standing commissions, boards and committees and any subcommittee or ad hoc or task force committee deemed necessary. The Town Council (Council) strongly encourages and appreciates the input given by the CACs. The CAC Handbook was created to help you understand the purpose of the CAC, your role as a CAC member, and how to go about getting the information you need to make responsive recommendations. Your participation is important and we hope you enjoy being a key participant helping to enhance Marana's future. PURPOSE OF THE CAC CACs were created to provide a consistent and inviting community forum for the public to hear about and give comments on a number of local and town-wide topics. Town officials, staff, and other non-Town staff continually use CAC meetings as an opportunity to provide the public with information or updates. The Council appoints citizens who have a heartfelt interest in their community to sit on the CACs. RESPONSIBILITY OF THE CAC The responsibility of the CAC is to encourage and gather public comment on a range of topics which may affect its area. After the CAC has reviewed a topic and gathered public comments, an advisory recommendation may be relayed to Council. The CACs input is a valuable component of the Council's legislative decision-making process. WHAT IS AN ADVISORY CAC? While the concerns, insight, and discussions relayed by the CAC to Council are key components in the deliberative process, CACs do not make or set policies, ordinances or laws and are not in a position to interpret the zoning ordinance, the general plan or local community plan. CACs provide recommendations on a variety of topics. They are tasked with gathering input, making recommendations based on that information and relaying it to the Council. Some of the CACs receive a description of their duties from the Town Code, Land Development Code, or specific ordinances, and some are empowered by a Council directive or resolution. A Staff Liaison is assigned to CACs to facilitate communications between the CACand the Council as a whole. In addition, a Staff Liaison is assigned to provide administrative support to the work of the CAC. Citizen participation in finding answers to complex questions that face the Council can be secured, formally and efficiently, through the use of CACs. Such groups are meant to make recommendations after sifting and analyzing data. Both CAC members and Town officials should keep in mind that, for the most part, CACs are advisory in nature, and the Council must make the ultimate decision. ESTABLISHING ORDINANCE The establishing ordinance adopted by the Council for the CACs provides for the consistent procedure for appointment of members to the various Town boards, commissions and committees. The establishing ordinance (Ordinance No. 2006.25) of the Council is located in the Appendix. BYLAWS Each CAC will be governed by a standard set of bylaws, see Appendix F, which can be adapted to the specific purpose of the CAC. Generally, the provisions contained in the bylaws are set forth below in more detail. RESPONSIBILITIES OF THE CHAIR Being the Chair of a CAC is an important role. The Chair is responsible for conducting the meeting, and tasked with creating an accurate and timely agenda. By coordinating with the Staff Liaison, CAC meetings will be inviting and successful. The following is a list of monthly duties: · Identify timely items requiring CAC action. The Staff Liaison can assist in this decision. · Each month, review and decide which items need to be on the CAC agenda. THE CITIZEN ADVISORY CACS HANDBOOK 2006 -2- -~""''''_'''''''''''~''''''''.''''''''''''"~~''''~~'''''.'."~..~",,,-.,,,",,,,.,.," , · Coordinate and approve the final format of the agenda so the clerical support staff can mail it out no later than one week prior to the meeting. · Arrange for another CAC member to chair the meeting if the Chair unable to attend. · After a meeting, assist the clerical support staff in drafting any recommendation letters. · Sign all CAC-approved recommendation letters. In the absence of the Chair, any other CAC member may sign. · On the first CAC agenda of the year, include "Selection of the Chairman". The chairmanship should be rotated among the CAC members to give others an opportunity to share the responsibilities. Each CAC Chair should coordinate mutually convenient processes to handle CAC business and agenda creation. Some work effectively using the phone, some use e-mail or faxes, and some arrange to meet occasionally in person. RESPONSIBILITIES OF THE CAC SECRETARY Duties of the CAC secretary include: · Attend scheduled CAC meetings to take summary minutes. · Sign and send copy of approved minutes to the Town Clerk's office. · Assist in preparing a draft agenda. · Maintain the CAC mailing list. · Maintain records of CAC agendas, approved minutes and correspondence. The Town Clerk retains the official CAC minutes. Refer a.1I public requests for copies of approved minutes or CAC correspondence to the Clerk's office. RESPONSIBILITIES OF THE STAFF LIAISON The Staff Liaison assists and provides support for the following: · Assists in the creation of the agenda and reviews the draft agenda for accuracy. · Attends CAC meetings; prepares updates and arranges for town staff to attend when necessary. · Prepares responses to inquiries made during public comment. · Prepares responses of requests from CAC members. · Arranges for meetings that may have a large turnout (new location, chairs, tables, audio equipment, refreshments etc.) · Bring CAC materials' such as member name-cards, maps, and other regularly used CAC materials, to each meeting. · Takes minutes if CAC secretary or clerical support staff is not available. The Staff Liaison is a ex-officio non-voting member of the CAC and is the direct link to the Council and other town/department resources and is here to help the CAC. A list of Town staff is found at the beginning of this handbook. THE CITIZEN ADVISORY CACS HANDBOOK 2006 - 3 - RESPONSIBILITIES OF CLERICAL SUPPORT STAFF Town clerical support staff will be assigned to take minutes and provide assistance as necessary for every CAC meeting. That assistance may include, but is not limited to: · Prior to an upcoming meeting em ail the draft agenda to the Staff Liaison to review. This is a necessary step to ensure that the agenda is accurate. · At the direction of the CAC Chair and concurrence by the Staff Liaison, prepare the final agenda and mail no later than five business days prior to the meeting. · Send copies of the agenda, draft minutes and other related information to the CAC members. · Send copies of the agenda to everyone who is on the CAC mailing list. · Request the Town Clerk to post the CAC agenda in designated public places as soon as possible after the agenda is finalized, but not less than 24 hours prior to the meeting. · Make additional copies of the agendas and have them available for the public at CAC meetings. · In the case of cancelled meetings, send everyone on the CAC mailing list a cancellation notice either bye-mail for first class mail and post the notice in the usual public places. · Take and prepare draft minutes for approval at the next scheduled meeting. · If unable to attend a meeting or complete routine CAC tasks, contact the Staff Liaison as soon as possible. · Arrange to obtain office supplies, as needed. TERM LIMITS CAC members do not have term limits. CAC members serve four-year terms and may remain as a member as long as he/she is re-appointed each time the term expires. CAC members serve at the pleasure of the Council and can be removed from office by a majority vote of the Council at any time. APPLICATIONS, VACANCIES, APPOINTMENTS, RE-APPOINTMENTS, ATTENDANCE AND RESIGNATIONS Applications Any member of the community who lives, works or owns property in Marana and who wishes to serve on a CAC must fill out an application and submit it to the Town Clerk's office. All applications of persons not appointed to the CAC are kept on file for one year. Applications of persons appointed to sit on a CAC are kept until they are no longer a member. Vacancies and Appointments The Town Clerk's office maintains a database regarding each CAC member and their term expiration date. If a member chooses not to be re-appointed or resigns prior to term expiration the seat must be posted as vacant prior to appointing a new member. The process of filling a vacancy is: 1. A letter of resignation is considered effective upon submission to the Town Clerk. 2. The Town Clerk advises the Council of the vacancy during a Council Meeting and a notice of vacancy for the CAC is posted at the official posting locations. THE CITIZEN ADVISORY CACS HANDBOOK 2006 - 4 - ~~~'''''''''''''''-'''''''~'~'---''~''''''''-'-''''--'~'.''-~'~ ,.." 3. The notice of vacancy is posted a minimum of 10 business days. 4. After the posting period, all applications received or on file are considered by the Manager's Selection Committee (MSC). The MSC will forward all applications and its recommendation to Council. The Council may wish to interview the candidate(s) in executive session, and if so, the Town Clerk will advise the candidates of the date and time of the meeting. 5. The Council approves the appointment of the new CAC member. 6. The Town Clerk will schedule an orientation and administer the Loyalty Oath to each appointee at least 24 hours prior to his/her first CAC meeting. 7. The Staff Liaison will facilitate getting the newly appointed CAC member a security identification badge from the IT department. Re-aooointments When a CAC member's term is about to expire, the Staff Liaison and CAC members are notified by the Town Clerk. Upon receiving a letter of intention to remain on the CAC, the Council may choose to re-appoint the incumbent member. If the member wishes to.be re-appointed, the re- appointment is placed on an upcoming Council agenda for approval under consent items. Should the Council choose to appoint a new member, steps 2 - 5 under Vacancies and Appointments would occur. ATTENDANCE Unless otherwise specified in the adopted CAC bylaws, an appointed member of any CAC who is absent without prior excuse from three or more consecutive scheduled meetings or from more than one-half the meetings in anyone calendar year, will be considered to have resigned. The Town Clerk will notified the CAC in writing of the resignation. Resiqnation Letters If a CAC member chooses to resign his/her position on the CAC, a written letter of resignation should be sent to the attention of the Town Clerk, at 11555 W. Civic Center Drive, Marana, Arizona 85653. PROPER PROCEDURES All meetings, votes and records (including minutes) of CACs are open for public review unless state law or Town ordinance or resolution allows the closing of the meeting and the record for a specified and allowed purpose. Rarely will a CAC be involved with a matter that may be considered for a closed session. MEETING FACILITIES Meeting facilities for CACs are available at the Marana Municipal Complex, the Marana Operations Center and the Parks & Recreation Department. It is the responsibility of the Staff Liaison to obtain a meeting place for the CAC that they serve. Public Accessibility and Accommodation of Soecial Needs Arizona law requires all meetings be held in a location that allows for public attendance. The federal Americans with Disabilities Act (ADA) requires all services, programs, activities and functions of the Town to be accessible to people with disabilities. In compliance with these federal requirements, all CACs are required to conduct public business in an accessible and barrier-free environment. Individuals with special needs are encouraged to communicate their needs to the Town Clerk in advance of any meeting so that proper accommodations can be made for the individual to participate in the meeting. THE CITIZEN ADVISORY CACS HANDBOOK 2006 -5- If an individual with a special disability attends a meeting without advance notice of the need to provide an accommodation, the Chair shall make every effort to postpone and reschedule the item of business for which the individual is attending the meeting until arrangements can be made to reasonably accommodate the person. THE ARIZONA OPEN MEETING LAW All CACs must observe the requirements of AR.S. S 38-431.01, the Arizona Open Meeting Law, which is stated in its entirety in Appendix J - You As a Public Official- provided by the Arizona League of Cities and Towns. POSSIBLE CONFLICT OF INTEREST FOR CAC MEMBERS Occasionally, a CAC member may have a conflict of interest regarding an item before the CAC. CAC members are often active in many areas of their community and there may be instances where their professional activities touch on issues before the CAC. Anyone appointed to a CAC is a "Public Official" per Arizona law and a "CAC Official" under the Handbook for Citizen Advisory Commissions and is obligated to adhere to related standards of conduct and ethics. In particular, the Town needs to be aware of any actual or potential conflict of interest by a CAC appointee. If a CAC member is unsure as to whether or not there is a conflict, the Staff Liaison should be notified of the concern and can provide direction. When a conflict occurs, the CAC member should mention the conflict when the item comes up on the agenda, and remove him or herself from any CAC vote regarding a recommendation on the item. That allows the CAC to remain as objective as possible in the advice it provides without limiting the activities of CAC members serving as public-spirited volunteers. Like any member of the public, however, the CAC member is welcome to participate in public comment and discussion of the item and may be able to provide information on the item. Please review Appendix J - You As a Public Official- Conflicts of Interest (p. 4). POSTING OF MEETING NOTICES AND AGENDAS Notices of meetings are required to be posted at least 24 hours in advance of the meeting, excluding weekends and holidays. In a true emergency situation, less than 24 hours is acceptable. A bulletin board on the southern exterior wall of the Marana Municipal Complex is used to post meeting notices. Notices may also be posted on the Town's official web site. CREATING AND FORMATTING THE AGENDA There are many ways to create an agenda. Ultimately, the Chair, with the assistance of the Staff Liaison, decides which items are placed on the agenda. However, input from others is always helpful. Note that the Arizona Open Meeting Law prohibits CAC action on any item not listed on the agenda. A general guide to formatting the agenda is located in the Bylaws, Appendix F, section VIII E and in the Town Code, Title 2, Chapter 2-4-4. CAC agendas must be consistent to promote a timely and productive meeting. The CAC agenda must have enough information about each agenda item so a member of the public - who may never have attended a CAC meeting before _ will have a good idea of what will be discussed and what action the CAC is being requested to take. A general guide to formatting the agenda is located in the Bylaws, section VIII. E. The Staff Liaison will assist in providing a template for this purpose. However, the following information provides additional detail: THE CITIZEN ADVISORY CACS HANDBOOK 2006 -6- The date, time, and location of the CAC meeting, including the street address. Americans With Disabilities Act Notice The following Americans with Disabilities Act (ADA) paragraph MUST appear on every CAC agenda: liThe Town of Marana is committed to ensuring that persons with disabilities are provided the resources to participate fully in its public meetings. If you require disability-related modifications or accommodations, including auxiliary aid or services, please contact the Town Clerk's office." Call to order and introduction of CAC Members. While you may have a core group of the public who attend every meeting, it is still a good idea to for each CAC member to introduce him or herself or have name plates in a prominent location. Set time limits and list these on the aoenda. It is helpful for the Chair to set time limits for agenda items. This helps ensure that all presenters are heard. Depending on the length of the agenda, suggested times might be ten minutes for a presentation, five minutes for a town staff response, and 15 minutes for a CAC member, public questions and discussion. These time limits should be listed on the agenda to help with the flow of the meeting. Approval of Aoenda Any changes to the agenda should be made 24 hours prior to the posting of the agenda. If circumstances require changes at the meeting, the changes must be noted and the agenda approved by motion prior to any discussion. Approval of Minutes CAC members should review the draft minutes prior to attending the meeting. The clerical support staff is responsible for transcribing summary minutes. These minutes do not need to be verbatim. Copies of approved minutes will be posted on the official website under Board, Commissions and Committees and are also available upon request at the Town Clerk's office at 11555 W. Civic Center Drive, Marana, Arizona 85653 or bye-mail ibronson@marana.com. Public Comment on Aoenda items The CAC exists to receive input from and provide information to the public. The public should have the first opportunity to speak on any matter presented to the CAC, BEFORE CAC members express their views. This helps ensure a CACs objectivity in considering a matter - both real and perceived -so CAC members can consider public comment before they ask their own questions, present their own views, and take a position on the issue. Public comments are essential in making responsible recommendations on issues. CAC members represent and are the voice of the community. Information / Non-Action Items Any topic listed should include as much information as possible regarding the matter, program, or issue including where the item is in the planning process (if applicable) and the presenter's name. Items listed under this section do not require any action from the CAC. The item is for information only so that the public and CAC are aware of the issue. Information items allow the CAC to review a matter and make verbal suggestions to the appropriate party (Le.: developer, town staff) BEFORE that matter is brought back as an action item for the CACs possible recommendation. Action Items Action items allow the CAC to make a recommendation on an issue after they have reviewed the facts and gathered input from the community. Action items listed on the agenda must have a detailed description: subject and a brief description, the name of the applicant (if any), and the name. of the presenter. Additionally, it should be noted what action the CAC is being requested to take. For example: liThe CAC may make a recommendation on the subject location and density" or liThe CAC may make a recommendation on the design, lighting and signage of the building." Subcommittee Reports (optional) THE CITIZEN ADVISORY CACS HANDBOOK 2006 - 7- Some CACs have found it useful to establish standing subcommittees on areas of local interest. Examples might include traffic, transportation, public safety, parks & recreation, education and schools, and land use. Such subcommittees usually have a CAC member as chair and may add other memberS of the community who wish to participate. The subcommittee chair usually provides a brief report at each meeting. A CAC also may decide to establish a separate ad hoc subcommittee/task force to address short- term issues of local interest, such as the possible formation of a local recreation district or construction of a local facility like a park or a community pool. At least one CAC member must sit on the subcommittee with other members of the community who may wish to participate. Such committees also provide regular reports to the CAC. A standing or ad hoc subcommittee can meet as needed but must not violate Open Meeting Law requirements. Community Reports (optional) Local organizations may be invited to update the CAC on community events. If they regularly appear at CAC meetings, listing them on the agenda allows them a specific time to speak. The local Chamber of Commerce is an example. Not all CACs partake in having a specified section for these reports due to the length of their meetings. These organizations are always welcome to speak during public comment. Public Comment Section The CAC may listen, but no action can be taken on items brought up during the Public Comment section of the agenda. This is a time for the public to discuss any item NOT listed on the agenda. The Staff Liaison assigned to the CAC can assist any member of the public with issues not listed on the agenda. Future Aaenda Items Notwithstanding the discretion of the CAC Chair as to what items to place on the agenda, if three or more CAC members request an item to be placed on the agenda, it must be placed upon the agenda for the next regular CAC meeting after the date of the request. Indicate the date of the next meeting for the record. Adiournment REQUESTS FROM TOWN DEPARTMENTS, APPLICANTS, CITIZENS AND OUTSIDE AGENCIES Town staff may request time on the agenda to discuss a variety of items. Applicants, citizens, and other agencies may request time as well. CAC members are encouraged to research and check with the Staff Liaison to determine the necessity, appropriateness, and timeline of the items placed on the age~da. ITEMS NOT APPROPRIATE FOR CAC AGENDAS The following items should not be discussed or placed on the CAC agenda for discussion: · Campaign related information · Federal or state legislation · Superior court, municipal court or traffic court issues · Disputes or claims against the Town · Family law issue · Staff issues · Budget recommendations If CAC members are unsure about the appropriateness, please contact the Staff Liaison or the Town Clerk's office for clarification. THE CITIZEN ADVISORY CACS HANDBOOK 2006 -8- CONOUCTING A MEETING Because each CAC represents its own unique community, it will establish its own meeting procedures. Some CACs tend to be more formal in procedure, some are less formal. When setting up meeting procedures, it's important to keep the CACs goal in mind - to encourage public input on all issues it considers, to gather and convey public input, and provide advice to the Council. It is the responsibility of the Chair to direct the meeting. A CAC meeting should not be any longer than two hours. Having time limits and maintaining productive dialog is imperative. ATTENDANCE - DETERMINATION OF A QUORUM To conduct business, the CAC must have a quorum. A quorum is a simple majority (half the members plus one). The Chair is considered a member for purposes of determining whether there is a quorum. If a CAC is unable to reach a quorum at a regular or special meeting, the CAC may decide either to adjourn the meeting OR to hold an informal gathering to discuss any scheduled agenda items and committee reports. In either case, the event would not be considered a CAC meeting and the secretary would not take regular minutes. Instead, the secretary should take informal notes for the CAC records, sending a copy to the Town Clerk's office, indicating that the CAC did not form a quorum. The CAC may not take any action. MINUTES Minutes taken at CAC meetings should contain the following information: · The date and time the meeting convened and the meeting place · The calling to order by the Chair · The roll call, including a recording of the names of the CAC members present and absent · A listing of others in attendance at the meeting; · Unfinished and new business items and a very brief summary of the discussion and any motions made and voted upon by the members · The vote taken on a motion; if a roll call vote is taken, the ayes and nays shall be attributed to each member voting. If a member does not vote, the record should note that the member abstained. · Any future meeting dates, times and location, if determined · The time of adjournment · The name of the individual taking the minutes Minutes are usually approved by the CAC at the next meeting. HANDLING NEW TOPICS NOT ON THE AGENDA Sometimes new topics are raised at a CAC meeting that aren't on the agenda. The Arizona Open Meeting Law requires that the CAC have an item listed on its agenda before it can take any action on it or even discuss the matter. This is a matter of fairness so people interested in the subject, but who are not at the meeting, have notice that the CAC will consider it. If the new topic has enough public interest or concern, the CAC chair may add it to the agenda for the next meeting. If the item is especially timely, the CAC may decide to schedule a special meeting to consider the item and make a recommendation. THE CITIZEN ADVISORY CACS HANDBOOK 2006 -9- ---_.~~""..,"~,="""',."~""""'''''.."'~.~'"''''''''''',~".~~~,,,'',.."~ MAKING A MOTION AND VOTING The Council has asked the CACs to carefully consider and provide recommendations on matters. It is important the CACs have complete information on any matter before them. The CAC needs to know the status of an issue in the Town's planning process so recommendations aren't made too early or too late in the process. Issues often change and the CAC should make its recommendation when the matter is about to go before a planning decision-making body. ACTION ITEMS The Chair invites the presenter to speak first; asks the public for any questions or comments; asks the CAC members for any questions or comments; closes public comments and brings the discussion back to the CAC for any further discussion, questions or comments. The Chair indicates he/she will entertain a motion. Any member can make a motion. It is highly recommended that a CAC member take a minute and write out the motion on a piece of paper and read it out loud. This written clarity allows the secretary and the audience to understand exactly the intent of the recommendation. Any member can second the motion. If a motion is not seconded, then the motion dies. The Chair can repeat the process of obtaining a motion. The CAC can make a motion: To send a recommendation letter that: · Either approves or denies the matter; · Approves an issue with specific conditions; · Denies the issue due to specific outlined reasons; · States the CAC does not take a position. To request: · That the presenter return at a later date to update the CAC on the status of the issue; · That the Staff Liaison research and update the CAC at a later date; · That the issue be placed on a CAC agenda as an action item at a later date. MAKING NO RECOMMENDATION ON AN ITEM In some cases, after hearing all available information on a project, a CAC may decide to make no recommendation on an issue. If the CAC doesn't make a recommendation, however, it may comment that specific elements should be considered, such as traffic or impacts on local water quality. The CAC would write a letter to the decision-making body with its comments, also indicating it has no recommendation on the entire matter. RECOMMENDATION LETTERS Every time a CAC votes on a recommendation regarding an issue, the Staff Liaison drafts a brief letter to the Council summarizing the CACs recommendation, including the motion. It's important that the CAC communicate promptly with the Council so their recommendations can be considered before the Council takes any action. Because the CAC exists to advise the Council, the CAC should work to accomplish community requests. For example, if the community would like the Engineering Department to install a signal or stoplight at an intersection on a state highway, the CAC would write to the Council with the request. They may send copies of the letter to other town departments (Le: Public Works,) or non- Town agencies, (Le: Pima County Water Resources). The CAC should always copy the Town Clerk's office on all correspondence, regardless of the letter's addr,essee. The secretary would transcribe the letter and send it. THE CITIZEN ADVISORY CACS HANDBOOK 2006 - 10- --~~_'''_-''~''''''_='~~_''~''M>''~ TYPES OF CAC MEETINGS ReQular MeetinQs Most CACs meet on a monthly basis. Special MeetinQs Sometimes the CAC must meet at a different time or location other than its regularly scheduled meeting time or place. This may be because the CAC may expect a large audience to hear a particular agenda item or because they must discuss an item in time to meet a deadline for the Council, or for another reason. The Chair should distribute the special meeting agenda a week before that meeting. At a minimum the special agenda must be posted in the usual public places at least 24 hours before the meeting to meet the requirements of the Arizona Open Meeting Law. Special CAC meetings are fairly rare. If the Chair talks regularly with the Staff Liaison for the CAC, it's most likely there will be time to post a special meeting agenda to meet all Arizona Open Meeting Law deadlines. Canceled MeetinQs Occasionally, the CAC Chair may decide to cancel a regularly scheduled meeting. The Chair usually does this after talking with the Staff Liaison and determining the CAC has no timely matters to consider or will not have a quorum. THE MEDIA AND MEETING PROMOTION Media promotion and coverage of CAC meetings varies widely. Some newspapers include CAC meetings in their community calendar listings and others don't. Because the CAC is advisory to the Council and created by the Council, it is appropriate that information about the CAC appear on the Town's web site. That is where members of the public will most likely seek CAC information. There is current information on the CACs on the Town's web site at www.marana.com/boards commissions and committees. Each CAC is listed with the following information: · General CAC background · The CAC member list · Information on how to apply to be a member on the CAC -end- THE CITIZEN ADVISORY CACS HANDBOOK 2006 - 11 - A ADVERTISEMENT The Town of Marana is seeking qualified persons to fill the vacancies on the following Citizen Advisory Commissions: Arts Citizen Advisory Commission (7) Affordable Housing Citizen Advisory Commission (7) Parks & Recreation Citizen Advisory Commission (7) Utilities Citizen Advisory Commission (2) If you are interested in participating in local government and would like to volunteer your time and expertise to discuss issues and make recommendations to the Town Council, please visit the official website for the Town at www.marana.com/Boards Commissions and Committees. You can read about the commission tasks and responsibilities and download an application. If you prefer, you can pick up an application at the Marana Municipal Complex, 11555 W. Civic Center Drive, or call 382-1962 to have an application mailed to you. The advertisement will remain active for 10 business days from the date of initial publication. Posted: Signed: Marana Town Clerk B Volunteering with a Citizen Advisory Commission The Marana Town Council and staff would like to thank all past, present and future members of these various Citizen Advisory Commissions (CACs) for giving so generously of their time. This spirit of involvement helps make Marana one of the best places to live in the country and contributes to the mission of the Town, which is to provide citizens with high-quality and valuable services to ensure that Marana remains a safe, stable and attractive community. Applicants of all ages, genders, neighborhoods, racial origins, income levels, and disabilities are encouraged to apply in order to appoint advisory bodies with representation of the broader community and to address the issues of those communities. ORIENTATION SESSIONS Orientation sessions will be scheduled at least 24 hours in advance of the first meeting of the CAC. At that time, the Town Clerk will distribute and discuss the Handbook for CACs, introduce key staff, and give the Loyalty Oaths. Orientation sessions will last approximately one hour. Light refreshments will be served. It is recommended that potential applicants who wish to volunteer for a CAC attend a meeting of an advisory body before applying. Meetings of most civic agencies are open to the public. All Town of Marana meetings are open to the public. Applications must be submitted to the Town Clerk no later than 5:00 p.m., October 1, 2006. ELIGIBILITY AND REQUIREMENTS Application Criteria · Applicants of all ages, genders, neighborhoods, racial originals, income levels and persons with disabilities are encouraged to apply. · Applicants must live or work in Marana year-round unless otherwise stated in the CAC description. · Applicants must be able to demonstrate relevant experience OR knowledge, abilities and skills related to the mandate of the commission. · Nomination by a community group working on issues related to the advisory commission's mandate will be considered an asset. · Some knowledge of civic services/jurisdiction will be regarded as an asset. · Applicants should be able to serve for the full term of the appointment. B · Applicants may not be employees of the Town of Marana. · Other application criteria which applies to individual CACs are included in the CAC description. Nominations Applicants may either be self-nominated, an individual, group or organization, or a Council Member. Unless otherwise specified in the commission description, appointees serve in their private capacities and not as representatives of a nominating organization. Reappointments Individuals who are presently members of a commission whose term is about to expire are eligible to reapply. Time Commitment Time requirements vary among the CACs. Estimates of time demands are included in the description of each. Please review these estimates to ensure that . you have sufficient time to devote to the Town. Remuneration Successful candidates will serve without remuneration. NOTE: Copies of all applications will be made available to the Council, staff and the applicable CAC for the sole purpose of making appointments to advisory bodies. Your information is collected under the authority of the Freedom of Information and Protection of Privacy Act and any applicable bylaws. For more information, please contact: Jocelyn Bronson, Marana Town Clerk, (520) 382-1999 or e-mail ibronson@marana.com Additional contacts at the same number are Crystal Wheeler cwheelera:D.marana.com. andTim Mattix tmattixa:D.marana.com. HOW APPOINTMENTS ARE MADE All appointments are recommended to the Town Council by a minimum of five members of the Manager's Selection Committee composed of the Town Manager, Deputy Town Manager, Assistant Town Manager, Community Development Director, Utilities Director, Parks & Recreation Director, Town Attorney and the Town Clerk. Appointments are for four years. Copies of all applications will be made available to the Mayor and Council Members. Appointments to CACs will be approved by the Town Council after the deadline for applications has closed and the selection committee has made its recommendation. Every person who receives an appointment will be notified as B soon as possible by telephone. All applicants for any position will receive a letter from the Town Clerk's office listing the nominees who have been appointed. HOW TO APPLY First, review the list of vacancies. Applications for vacant positions will be considered first. All other applications will be kept on file for one year. Next, carefully review the description of the advisory body which interests you before applying. See descriptions of all CACs. Go to the online form and submit your application. (Please submit a separate application form for each commission for which you wish to apply.) APPLICATION DEADLINE The application deadline for the following CACs is October 1, 2006: Affordable Housing Citizen Advisory Commission Arts Citizen Advisory Commission Parks & Recreation Citizen Advisory Commission Utilities Citizen Advisory Commission You must use the application form to apply. Please be as concise as possible when filling out your application. More recent information should be listed first. If you are unable to use the online form for any reason, printed copies are available from: Town Clerk's Office Community Information Services, 1st Floor 11555 W. Civic Center Drive Marana, Arizona 85653 Phone (520) 382-1999 Monday to Friday, 8:00 a.m. to 5:00 p.m. Applications should be returned to the above address, attention Jocelyn Bronson. c Citizen Advisory Commission Application The citizen advisory commissions (CACs) were established to provide meaningful, timely and effective public participation, essential to successfully implementing Town of Marana policies, program and projects. A CAC is a tool that the Town uses to involve citizens, and/or project partners more directly in planning, program development and decision making. CACs may be formed for geographic or program areas, or to evaluate proposals for specific issues. If you are interested in serving on a CAC, please complete this application. The Town will use this information when considering appointments to CACs. Please note that the Town's policy is to not share personal contact information when requested by private or public entities. However, this application isa public document and may be subject to public disclosure if requested under the Arizona Public Records Law. In the past, the Town has received requests for lists of active committee members, including requests from media sources and political officials. First Name . address Mailing Address City State ZIP Marana rizona How "many years have you lived at this address? many years have you lived in Marana? Phone - Day Phone - Home Occupation Employer I am interested in serving on the Lm mm.m ...... .m mmm L....mm.d D D ICommission. m interested in serving on a commission for projects related to """'--"""""~---~._-""'~'.'='''''-''-'"'~' r r c "'-=- .~~..-----'-'>>".,,-'~^"^"""->>>>>-"'".....,.,.,.--.="""----~~>~-~,>"--~, r Arts r r r r r r r r Neighborhood Revitalization Business Districts Economic Development/Jobs Parks, Trails, and Recreation Budget City Center Development Housing Water I am currently, or have previously served on a CAC Committee/Commission: I ..... ..... ..JDates: Lm . Committee/Commission: I 'Dates: L I am currently, or have previously served on a board, committee, or commission of another public or private organization Committee: 1m . ........ ... .mmm ...... . ...m mDates: I Describe our ualifications for servin on a CAC: ..... 1 F .. m. ..' ... ....~ Wh ou are interested in servin on a CAC?: c Describe any other personal involvement in local community activities (e.g., civic club, service or fraternal or anization rofessional association volunteer, etc.) Marana strives to establish commissions that reflect a variety of stakeholder interests and community diversity. Check all that apply. D Homeowner in Marana D D D D D D Renter in Marana Property owner in Marana Business owner in Marana Work in Marana Parent/guardian for school-aged children Other wa s OU can contribute to the diversit What is your normal availability / preference for attending meetings? Available (check all that apply) Day of Week D Monday D Tuesday 0 Wednesday D Thursday D Friday D Saturday , Time of Day D Morning D Afternoon D Evening Hours per month 0 1-2 D 2-4 D 4-6 D 6-10 IDuration of Serv - D year D 2 Year D C f.jonth 1 2+ Years I References: List two people who know about your qualifications and interest. me Address Relationshi c y Ph IName Address elationshi Day Phone IMPORTANT LEGAL INFORMATION AND REQUIREMENTS FOR COMMISSION MEMBERS Anyone appointed to a committee by the Town of Marana is a "Public Official" per Arizona law and a "CAC Official" per the CAC Guide to Citizen Advisory Commissions; and is obligated to adhere to related standards of conduct and ethics. In particular, the Town of Marana needs to be aware of any actual or potential conflict of interest that could occur if you are appointed to a CAC. List any financial or ownership interest that you have or a relative has that will create a conflict of interest for you. This includes anything that you or a relative own or have a substantial financial stake in. There are several kinds of remote interests that do not create a conflict of interest and do not need to be included. For example, it is not a conflict of interest to participate in a decision about a corporation you or a relative own stock in, as long as you and/or your relatives own less than 3% of the shares of the corporation and get less than 5% of your and/or your relative's total annual income from it. It is also generally not a conflict of interest to participate in decisions about nonprofit. corporations you volunteer for, a government entity you or a relative work for, your tenant or landlord, or a class of people that includes you. A relative includes your spouse, child, grandchild, parent, grandparent, sibling, their spouses, and your spouse's parent, sibling or child. If you have any questions about whether you or a relative have a financial or ownership interest that should be listed, please contact the Town Clerk or the Town Attorney. ame of Business on with Interes Type of Interest Have any of the above businesses conducted any business (e.g., supplier of goods or services, contractor, consultant) with the Town of Marana in the past 24 months? No. C Yes. Explain: c Are you, a relative, or any member of your household an employee of the Town of Marana? C Yes. Explain: o List by name any compensated lobbyist with whom you, or a relative, or a member of your household shares any direct economic interest such as a partnership, jOint venture or similar business relationship. I affirm that all of the information contained in this application is true to the best of my knowledge, and that I understand that any misst~tement of fact or misrepresentation of credentials may result in this application being disqualified from further consideration. I also agree to abide by the Town's Code of Conduct and notify the Marana Town Clerk of any changes to this information. Signature Date o Current schedule of Marana advisory boards, committees and commissions Advisory body meets monthlv Planning & Zoning Commission Last Wednesday at 6:30 pm, MMC Board of Adjustment second Wednesday at 2:00 pm, MMC 2nd Tuesday at 5:30 pm, MOC 2nd Tuesday at 5:30 pm, MMC 3rd Thursday, 5:30 pm, MMC 3rd Wednesday, 2:00 pm, Community Center Water Utility Advisory Committee Business Advisory Committee Teen Advisory Council Senior Advisory Board Meets as needed Airport master plan & part 150 noise Compatibility study planning advisory Committee Public safety retirement board o EXISTING BOARDS. COMMITTEES AND COMMISSIONS PLANNING COMMISSION Russell Clanagan, Chair Jon Post, Vice Chair Billy Schisler John Dailey Thomas Hestwood Jack Noble Dave Wostenberg BOARD OF ADJUSTMENT Lyn Alveraz Bob Anderson BiIIOhl Victor Parmentier Elaine Perillo Bill Rattone Larry Steckler WATER UTILITY ADVISORY COMMITTEE Jerry Harris, Vice Chair Betty Horrigan Jo Rex Joe Reilly Clay Parsons Sherry Rollins BUSINESS ADVISORY COMMITTEE Kelle Maslyn, Chair Bill Farris Russell Dove Michelle Martin Steve Miklosi Jim Shiner Marsha Johnson SENIOR ADVISORY COMMITTEE Paul Doty Helen Doty Wynema Honea Karl Horvath Alfreda Horner Betty Ludwig Gail Cook Honorary Member: Janie Henley !""'.~ ~;'~' ,.", ORDINANCE NO. 2006. 24 " .4;. BOARDS, COMMISSIONS AND COMMITTEES MARANA ORDINANCE NO. 2006.XX RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; ADOPTING AND STANDARDIZING PROCEDURES FOR CITIZENS' ADVISORY COMMISSIONS AND FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES; DELETING REDUNDANT TOWN CODE PROVISIONS RELATING TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT AND SPECIAL COMMITTEES; AMENDING MARANA TOWN CODE TITLE 2 BY REPLACING SECTION 2-6-2 AND DELETING CHAPTERS 2-7, 2-8 AND 2-9; AMENDING THE MARANA LAND DEVELOPMENT CODE BY MODIFYING SECTIONS 02.02.01 AND 02.02.02 AND DELETING SECTION 02.03.05; AND DECLARING AN EMERGENCY. WHEREAS a consistent procedure for appointment of members to the various Town boards, commissions and committees is in the best interest of the Town of Mar ana; and WHEREAS elimination of duplications in the Marana Town Code (specifically, in Town Code Title 2 and the Town Land Development Code, which is in the process of being reformat- . ted into Town Code Title 17) will eliminate redundancy, confusion and potential misinterpreta- tion. NOW, THEREFORE; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTIONK Section 2-6-1 and the title of existing Chapter 2-6 are hereby revised as fol- lows (with deletio~~cshown with strikoOlits and additions shown with double underlininl!): Chapter 2-6 SPECIAL AND STANDING BOARDS, COMMISSIONS AND COMMITTEES Section 2-6-1 EstablishmentCreation and dissolution A-- The council may create and dissolve those soecialand standing boards, com- missions or committees as it deems necessary upon a majority vote of the council, except as otherwise provided in this code or as required by statute. B. U~less alre?dv orescribed else~h?re in the aO~~~~b': ~~d~~~b~i~~ ~ ~:~ lutlon creatrna a board. commiSSion or com~l_ h I. _ 0_ and ouroose and establish the number and aualifj~~tk;~~ of it; ~~~b;r;hi~~ C. The motion or resolution creatina a soecial board. commissi6~~~ ~~:m~~~e mav orovide for its dissolution after a oeriod of time or uo;;~ ---J-.l__ _.:. s assianed task. D. T~e board: commission ~r ~ommittee ~hall ex~r~~d~ ~~~ ~~~~~. ~:~ ~u~i~~: With resoect to matters Within or affectrna the I~ri__ c UL_ __ n___g._ ____ {OOOO2458.DOC /2} - 1 ~ 8/1120063:17 PM FJC town. unless the motion or resolution creatine the board. commission or com- mittee orovides otherwise. SECTION 2. Section 2-6-2. of the Marana Town Code is hereby deleted and replaced with the following new Sections 2-6-2 through 2-6-5: Section 2-6-2 Application, recommendation, appointment and removal A. Vacancies on new and existing citizen boards, committees and commissions shall be announced on the town's internet web site with an open invitation so- liciting applications from interested citizens. Additional notices may be pub- lished and posted as directed by the town manager. B. The town clerk shall receive citizen applications for a minimum of ten working days after the announcement first appears on the town's internet web site. C. No more than twenty days after the announcement first appears on the town's internet web site; the town clerk shall forward all applications. to the town manager. D. The town manager and/or one or more individuals appointed by the town manager shall review the applications, investigate the qualifications of the ap- plicants, and make a recommendation to the town council concerning the ap- pointment. E. The town council shall receive the. applications and the recommendation at a regularly scheduled public meeting not more than thirty days after the town manager's receipt of the applications. The town clerk shall mail each citizen applicant notice of the public meeting concerning the appointment. F. At the public meeting concerning the appointment, the town council may do one or more of the following: 1. Interview one or more applicants either in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additional applications. 4. Take applications from the audience. 5. Receive nominations from members of the town council. 6. Take any other action it deems appropriate. G. Citizen members of boards, committees and commissions shall serve without compensation, except for reimbursement of town-approved necessary and reasonable expenses incurred in accomplishing the purposes of the board, committee or commission. H. A member of any board, committee or commission may be removed from of- fice with or without cause by a majority vote of the entire membership of the town council. Section 2-6-3 Terms of office All terms of office for boards, commissions and committees shall be for four years, except that the initial terms of office of any new board, commission or committee shall be staggered so that the terms of no more than a simple majority of members ends every two years. . . {QOOO2458.DQC /2} -2- 8/1120063:17 PM FJe ,--""--...._.~>-'"'~""'-~-,..,..""'-"~., Section 2-6-4 Modification by motion or resolution The town council may by motion or resolution modify any of the procedures set forth in this chapter where it deems appropriate for a particular vacancy, board, commission or committee. Section 2-6-5 Applicability of this chapter Except as they may later be modified by motion or resolution pursuant to sec- tion 2,..6-4, the procedures set forth in this chapter shall apply to all new or exist- ing boards, commissions and committees. SECTION 3. Existing Chapters 2-7 ("SPECIAL COMMIITEES"), 2-8 ("PLANNING AND ZONING COMMISSION") and 2-9 ("BOARD OF ADJUSTMENT") are hereby deleted in their entirety. SECTION 4. Existing Sections 02.02.01 and 02.02.02 of the Town of Marana Land De- velopment Code are hereby revised as follows (with deletions shown with strikeouts and addi- tions shown with douhle underIininl!): 02.02.01 Establishment and Composition A:-The Town Council of tho To'....n of Marano hereby creates a Planning Commis- sion to consist of seven voting members= andono ex offioio member ohoson from among tho mombers of tho Town Counoil. Tho sevon regular memborG of tho Planning Commission shall bo appointed by tho Mayor with tho oonsont ef-the Town Council from among the qualified electors of the Town.-+Ae mombers shall bo solooto~ '....ithoLlt regar-d to politioal affiliation and shall servo v.4thout oomponsation, exoept for tho r-oimburnomont of nooossary andma conablo oxponsos inourrod in aooomplishing tho purposes of tho oommission, provided suoh oxpenses ha'/o been appr-oved in aooor-dande with tho Town's Finanoial Prooedures Ordinanoo. S. Torms of Offioe, Filling of Vaoanoios, and Removal. The torms of offioo of tho Town Counoil Momber dosignatod to sorvo as tho ox offioio mombor of tho Planning Commission shall oorrospond to his tonum of offioe as a membor of tho Town Counoil. The torms of offioo for tho appointivo mgular mombors of tho Planning Commission shall bo oix yearn. Vaoanoies ooourring othorwiso than thmugh tho expiration of torms shall bo fillod by appointment by tho Mayor '.'lith tho consont of tho Town COl:Jnoil. Regular mombers of tho Plan ning CommiccioFl may bo romovod from offioo 'Nithout oauso, by a majority voto of the ontir-o memborship of the Town Counoil. 02.02.02 Organization The Planning Commission shall bo by appointmont of tho Town Counoil. Its membership shall consist of a Chairperson, a Vice-Chairperson, and along 'Nith five other voting members and ono ox officio member ohosen from among tho memborc of tho Town ~oLlnoil. The Commission shall adopt rules for its own or- ganization and for the transaction of its business..; but SLloh IlliLrules shall not Be iA-conflict with other sections of this Code or other Ordinances of the Town of Marana or with the laws of the State of Arizona. SECTION 5. Section 02.03.05 of the Town of Marana Land Development Code is hereby deleted. {OOOO2458.DOC / 2} - 3 - 8/1/2006 3: 17 PM FIe SECTION 6. IT IS FURTHER ORDAINED that, since it is necessary for the preserva- tion of the peace, health and safety of the Town of Marana that this ordinance become immedi- ately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14th day of August, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {OOOO2458.DOC /2} -4- 8/1/20063:17 PM FIC _.........."~""'"".=-~~"'~""_,c..,'~_.."..~ F BYLAWS OF TOWN OF MARANA INSERT NAME ADVISORY COMMISSION I. POLICY The Town of Marana Insert Name Advisory Commission was formed by the approval and adoption of Ordinance No. 2006.25 by the Marana Town Council on September 5,2006, to provide a consistent and inviting community forum for the public to hear about and give comments on Insert Mission. II. COMMISSION DESCRIPTION · Insert appropriate commission description '". MEMBERSHIP A. There shall be seven regular members of the insert name Advisory Commission, appointed by the Town Council to represent list what the commission will represent. B. At least four commissioners will reside or have their primary business within the Town of Marana; however qualified commissioners from outside of the Town will be considered for membership. C. The members of the INSERT NAME shall be appointed by the Mayor and Council of the Town of Marana in the manner they deem fit, each to serve a four-year term. D. The initial terms of office for a new commission shall be staggered so that the terms of no more than a simple majority of members ends every two years. The first four names of the initial Council appointments will be drawn for a term of four years; the three remaining names will be for a term of two years. E. In the event that a vacancy occurs because of death, resignation, or otherwise, the vacancy shall be filled through the defined selection process and appointed by the Mayor and Council to serve the unexpired term of the commissioner replaced. F. If a commissioner is not in attendance for three or more consecutive regularly scheduled meetings or from more than one-half the meetings in a calendar year, a recommendation shall be made to the Town Council that the non-participating commissioner be removed. IV. OFFICERS A. The Chair and Secretary will be selected every year at the regularly scheduled meeting in the month of insert month by the commissioners present and will assume office at the next commission meeting. B. Any officer or agent elected or appointed by the commission may be removed by the commission whenever, in the judgment of majority of the commissioners, the best interests of the commission would be serve thereby. Any such removal shall be without prejudice to the contract rights, if any, of the person so removed. C. Any vacancies of officers will be filled by a majority vote of the commissioners at the next meeting of the commission following the occurrence of the vacancy. The person selected to fill the vacancy will serve the remainder of the vacancy term. ...-----..."''''''"''.......-."-~.....'''.,,........'~.'K_ F V. RESPONSISBILlTIES OF THE CHAIR A The Chair shall preside at all meetings of the commission. In the event of the absence of the Chair, the Secretary shall preside. In the absence of both the Chair and Secretary, the attending commissioners shall appoint an acting Chair. B. The Chair shall appoint and remove all members to sub-committees of the commission. C. The Chair shall preserve order and decide all points of order. D. The Chair shall assist the clerical support staff in drafting and sign any recommendation letters and actions taken by the commission. In the absence of the Chair, any other CAC member may sign on behalf of the commission. E. The Chair shall coordinate and approve the final format of the agenda no later than one week prior to the meeting. VI. RESPONSISBILlTIES OF THE SECRETARY A The Secretary shall assist the Chair in preparing a draft agenda. B. The Secretary shall attend scheduled commission meetings to take summary minutes. C. The Secretary shall sign and send copy of approved minutes to the Town Clerk's office. D. The Secretary shall oversee maintenance of the commission mailing list. E. The Secretary shall oversee maintenance records of commission agendas, approved minutes and correspondence. F. The Secretary shall refer all public requests for copies of approved minutes or Commission correspondence to the Town Clerk's office. VII. RESPONSIBILITIES OF MEMBERS A It is the responsibility of the commissioners to attend regular and special meetings. B. No commissioner shall leave any regular or special commission meeting during such meeting without permission of the Chair. C. The commission shall strictly follow AR.S. 38-431.03, also known as the Arizona Open Meeting Law. The Chair and members shall familiarize themselves with the requirements of such law, including notice of meetings, taking of minutes, issues to be discussed and the other specifics of the law. D. Commissioners shall abide by the guidelines set forth in the Town of Marana Advisory Commission Handbook. E. The Commission is authorized to call executive sessions, closed to the general public during any regular of special meeting, so long as such executive session is authorized by AR.S. 38-431.03. VIII. SUB-COMMITTEES A All sub-committees shall consist of at least three members. F B. AlIsub-committees shall select a sub-committee Chair from among the members of such sub-committee, at the first meeting of the sub-committee. C. The sub-committee Chair shall preserve order and decide all points of order for meetings of the sub-committee. D. The Chair shall se the date, time and place of the first sub-committee meeting, and the sub-committee Chair shall set all subsequent meetings. E. The sub-committee Chair shall bring all actions and recommendations to the Commission. No sub-committee shall be authorized to directly present information to the Town Council, or take other action, without such action being approved by the Commission. VII. RESPONSIBILITIES OF THE STAFF LIAISON A. B. C. D. E. F. G. VIII. A. The Staff Liaison is an ex-officio, non-voting member of the commission provides support for the following: . Assists in the creation of the agenda and reviews the draft agenda for accuracy. Attends CAC meetings and prepares updates and arranges for town staff to attend when necessary. Prepares responses to inquiries made during public comment. Prepares responses of requests from CAC members. Arranges for meetings that may have a large turnout (new location, chairs, tables, audio equipment, and refreshments. Brings CAC materials such as member name-cards, maps, and other regularly used materials to each meeting. Takes minutes if the CAC secretary or clerical support staff is not available. MEETINGS OF MEMBERSHIP The Insert Name Advisory Commission shall hold regular meetings on the (list date) of each month for transaction of business as may come before the meeting. The meetings of the members will be held at the Marana Municipal Complex, Marana, Arizona, or other locations as designated by the Chair. Whenever a legal holiday occurs on the same day as a meeting, such meeting shall either be cancelled or rescheduled. B. The Chair may convene the commission at any time by notifying the members of the date, hour and purpose of such special meeting. The commissioners shall be given at least 24 hours' notice of such special meeting by personal notice and the posting of the notice agenda on the Town's official posting sites. C. It shall be the responsibility of the Chair to develop a written agenda for all commission meetings which meets the requirements of the Arizona Open Meeting Law. The Staff Liaison may assist in this process. Commissioners may contact the Chair to have items placed on the agenda, and shall attempt to do so at least seven working days prior to the meeting date. All agendas shall be provided to the clerical support staff, who shall assure all agendas are properly posted as required by the Arizona Open Meeting Law. ~~-~~<-"'~'''''<"-''-~'''';'''--~'''''''-''''''~'"''''''''''--"- ~ F D. All sub-committees will be placed on the agenda for a report on the status of work in progress for that sub-committee. E. Business matters of the regular meeting shall be considered as far as practicable in the following order: 1. Call to Order 2. Introduction of Commissioners 3. Approval of Agenda 4. Approval of Minutes 5. Action Items 6. Sub-Committee Reports 7. Community Reports (Optional) 8. Call to the Public 9. Future Agenda Items 10. Adjournment VIII. PROCEDURE A. At all meetings of the commission, the Chair shall call the commission to order and the Secretary shall record the members present and absent. The Chair may call each matter of business in the order listed on the Agenda. B. The Chair shall conduct meetings using parliamentary procedure as recommended by the Arizona League of Cities and Towns, unless such rules are suspended by a majority vote of the commission. C. When a member desires to speak or make a motion, that person shall address himself or herself to "Mr. or Madam Chair". Upon being recognized that person may address the Chair. D. When more than one member addresses the Chair and wishes to speak, the Chair will recognize the person who first addressed the Chair. E. No member shall interrupt another, except to call to order or to correct a mistake. F. At any meeting of the members, 50% plus one of the members, excluding vacant positions, shall constitute a quorum. If, after 30 minutes, a quorum is not present, the commission may choose to meet informally for discussion purposes, all action will be postponed and agenda items placed on the next special or regular commission meeting. G. A majority of affirmative votes of the quorum present shall be necessary to pass any action of the commission. H. Commissioners shall not vote where there is a conflict of interest and shall disqualify him or herself in such an event, as provided by A.R.S. 38-501 et. seq. When a conflict occurs, the member shall not debate or discuss the matter. I. The Chair may vote or decline to vote on all matters and his or her failure to vote shall not be counted as an affirmative vote. The Chair shall break all ties. J. Motions may be determined by voice vote or at the request of a commissioner by roll call vote. The Chair shall declare all votes. If any member doubts the voice vote, a roll call shall be ordered. When a roll call vote is commenced, no member shall engage in discussion of the question being voted upon. '_....~.,~,~.,"'"..,""'"....,._'.<>""'~,~''''"~,._.. " F IX. PARTICIPATION BY THE PUBLIC A. Members of the public wishing to speak at commission meetings will be allowed to speak during public portions of the meeting, as well as during Call to the Public. The Chair may limit the length of public comment to three minutes at any time. B. No person in the audience shall be permitted to speak unless recognized by the Chair. The chair may permit persons to speak on any agenda item. C. Orderly procedure requires that each person shall proceed without interruption from the audience and shall retire when his or her time is up. All discussion shall be addressed to the commission and there should be no argument or discussion between individuals not on the commission. D. The members of the commission may ask questions and make appropriate comments. E. Citizens attending meetings shall observe rules or propriety, decorum and good conduct. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous whole addressing the commission while addressing the commission, may be removed if directed by the Chair. Unauthorized remarks from the audience, whether verbal or otherwise, shall not be permitted, and the Chair may expel offenders from the meeting. X. AMENDMENTS These bylaws may be altered, amended, or repealed and new bylaws adopted by a vote of the committee members representing a majority of all the members at any meeting or special meeting when the proposed amendment has been set out in the notice of such meeting. Any such amendment shall not effect any other portion of these bylaws. XI. SEVERABILITY In the event any portion of these bylaws is found by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from these bylaws, and the remaining parts hereof shall remain in full force and effect as fully as though such invalid, illegal or unenforceable portion had never been part of there bylaws. Executed at Marana, Arizona, this _day of ,2006. ATTEST: Secretary Chair .._,...;,"'-"'-;,........""""-""'...._~,,,~,..~"'_. G ~ ~_. - · xv , .. .. ... MARANA ~/ 1"- OFFICE OF THE TOWN CLERK REQUIREMENT FOR DISCLOSURE RE: BOARDS, COMMISSIONS AND COMMITTEES Under Arizona Open meeting Law (OML), all public bodies must complete a disclosure statement and file it with the Town Clerk. The disclosure statement tells the public where meeting notices will be posted. Also, all public bodies scheduled to meet on a regular day or date during the calendar year may post notice by completing the notice of regular meeting form. Public bodies must still post an agenda at lest 24 hours prior to the meeting. _.~-_""""","''''''''''~",,,"~_..<_~.C,",~,~..,^,.~,..,.~ H r=-I.~ .....:-.:::...._, - .."'" ~ '" ~ ~ ~ MARANA ~/j .'\. OFFICE OF THE TOWN CLERK DISCLOSURE STATEMENT STATEMENT OF LOCATIONS WHERE ALL NOTICES OF THE MEETINGS OF THE (NAME OF PUBLIC BODY) WILL BE POSTED To the Marana Town Clerk and Citizens of the Town of Marana: Pursuant to ARS Section 38-431.02 the (name of public body) hereby states that all notices of the meetings of the (name of public body) and any of its committees and subcommittees will be posted at the Marana Municipal Complex and on the official website of the Town of Marana under Boards, Commissions and Committees. Public viewing is available 24 hours a day, seven days a week. Such notices will indicate the date, time and place of the meeting and will include an agenda or information concerning the manner in which the public may obtain an agenda for the meeting. Dated this (date) day of.(month), (year). (Name of public body) By (authorized signature) '""",",",---",,",,~~-,_..........,-~,-. I ~ MARANA ~/j, OFFICE OF THE TOWN CLERK NOTICE OF REGULAR MEETINGS OF THE (NAME OF PUBLIC BODY) RE: BOARDS, COMMISSIONS AND COMMITTEES To the Marana Town Clerk and Citizens of the Town of Marana: Pursuant to ARS Section 38-431.02(F) notice is hereby given to the members of the (name of public body) and to the general public that the (name of public body) will hold regular meetings on the (specific day of the month) of each month during the year (year). The meetings will begin at (time) and will be held at (exact location), including address). A copy of the agenda for the meeting will be available at (location where the agenda will be available) at least 24 hours in advance of the meeting. Dated this (date) day of (month), (year). (Name of public body) By (authorized signature) J YOU AS A PUBLIC OFFICIAL Open Meetin . ~'a~~:~lc ,", ",11f:" il(,O,. ,,-~ ..' Conflict of interests Incompatibility of Offices ~ ~, W \ Public Records ',<> t(~ ..~ " .., ~ --><~"" ~ '*'~ _',_ ~.U~._ ':'=~'ol.!'-"-'<'>""c.;",. ~"~"'F'INANCIA~- DISCLOSURE ." l i m its 0 n E n t e rt a i n men t League of Arizona December2005 ~.~ Cities A~D Towns ~,., -"~--~."'."",..,."'""'_...'"'""""""~.._;=-_.,-" .""'""""-""~~~"'_"'."'''.''''''''''''''''''-'~..."., INTRODUCTION The league prepared this report to help you avoid some of the potential legal pitfalls of holding local public office, whether elected or appointed. The report reviews seven areas of state law that affect public officers: open meetings, conflicts of interests, public records, incompatibility of office, nepotism, financial disclosure, and limitations on entertainment. The life of a public official is not an easy 6ne. State laws, like the seven highlighted in this report, continually affect the decision-making process. Good intentions (like, "but I didn't mean to violate the law") help. However, good intentions alone are not sufficient because violations of these laws can carry stiff penalties. Therefore, you need 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 Provisionsl The operation of government and, specifically, the activities of government officials are issues of concern to the general public. Although there are many reasons for this movement toward public awareness, there seems to be one distinct message delivered by the public: THE PUBUC'S BUSINESS MUST BE CONDUCTED IN PUBLICI The Ari~ona 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 charged with the interpretations of this [4aw] shall construe any provision of this [law] in favor of open and public meetings.2 ) 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.3 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."4 The label attached to a 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. The only exception to the public meeting requirement is an executive session, which is discussed later. "Public body" is defined as "the legislature, all boards and commissions of this state or political subdivisions, all multimember 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. nS 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, even if no member of the original appointing public bOdy is a member of the advisory group.6 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 file with the appropriate official a statement identifying where notices of the meetings of the public body will be posted. Those officials include the Secretary of State (for state public bodies), the Clerk of the Board of Supervisors (for county, school district, and special district public bodies), and the City or Town Clerk or Mayor's Office (for public bodies of cities and towns).7 Once this statement has been filed, the law requires the public body post notice of each of its meetings in accordance with this statement and "give such additional public notice as is reasonable and practicable. "8 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.9 Such notice must be posted at the beginning of the period. -1- 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.lO 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.ll 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.12 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.13 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.14 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, "15 and should contain "such information as is reasonably necessary to inform the public of the matters to be discussed or decided."16 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. "17 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. Supporting documentation that is referred to in or made part of the agenda must be made available to the public in the same time frame. It may be appended to the 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.1s 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."19 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. 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.20 Executive Sessions The Law permits an executive session (a closed meeting) to be held 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." 21 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. 22 Finally, no vote may be taken during an executive session. Any final action on an item discussed in an executive session must be taken during a public meeting.23 -2- .....~"'._~"~_."""""~"""""...._~~,._"'"".-h"~~" 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).24 2. Confidential information specifically exempt by Jaw from public inspection. 3. legal advice provided by the public body's attorney.25 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. 26 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, except subcommittees andadvjsory committees, must take and retain written minutes or a recording of all meetings.27 the minutes or a recording of all public meetings must include, ata minimum, thf;l. foUo~ing: 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. 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 paragraphs 1, 2, 3, and 7 above, and an accurate description of all instructions given in an executive session.28 The minutes or a recording of any meeting (except an executive session) must be open to public inspection no later than three working days after the meeting.29 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. 30 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.31 E-Mail Violations The law applies to all meetings of a public body, regardless whether a quorum gathers "in person or through technological devices." 32 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 electronic mail ("e-mail"). Otherwise, you may find that you have violated the law. A "meeting" occurs when a quorum of a public body "gathers" and takes anyone of four actions: discusses legal action, proposes legal action, takes legal action, or deliberates with respect to any such actions.33 A recent 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 -3~ action.34 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 e-mails regarding legal action among a quorum could be interpreted as a violation of the law. 35 Therefore, you should be extra 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 members and board 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. Ratification A public body may ratify legal action previously 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. 9 38-431.05(6). 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 If any business of a public body is conducted in violation of the law, the actions taken at such a meeting are automatically null and void.36 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.37 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, attorney's fees and court injunctions against the offending public body or publiC official. If the court finds that a public officer intentionally violated the law, the court may remove the officer from office and assess the officer 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. 38 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 illeaal 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 the city or town attorney. 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.39 All other relatives, whether by blood or marriage, are not subject to the restrictions of this law. -4- Conflict of Interests Defined The conflict of interests law distinguishes between interests that are "remote" and those that are "substantial. ,,40 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 con!?titute a conflict. 2. The landlord or tenant of a contracting party. For example, a council membe~ 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. 4. A member of a nonprofit cooperative marketing association. S. The owner of less than three percent of the shares of a corporation with an interest in a matter with the city pr town, provided that: a. Total annual income from dividends, including the value of stoc~ dividends, does not exceed five percent of the officer's or employee's total annual income; and b. Any other payments made ~o 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. ..........""'~-"~~_..,"......~. _......~<.._...._'"""-.~,-<._~'.....................m_._. 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. 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.41 In general, a conflict of interests will result when an officer or employee of a city or town is involved in substantial ownership or salaried employment with a private corporation doing business with the city or town. For example, if a c9uncil 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.42 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 thre~ hundred dollars and the annual total of such transactions with a member of the council does not exceed one thousand dollars.43 The city or town must adopt a policy governing such purchases and must approve this policy on an annual basis.44 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 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. 45 -5- 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 or town.46 2. A public officer or employee cannot disclose or use confidential information obtained during the term of office or employment.47 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.48 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.49 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. 50 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. 51 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 particioatina in any manner (voting, discussing, or in any way attempting to influence) a decision of the governing body or agency of the city or town; and 2. Declare that a substantial interest exists and make it known in the official records of the city or town. For a member of the council, this can be done by declaring at a council meeting that a conflict of interests exists and having this declaration officially entered in the minutes. 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 and refrain from particioatina in any manner in the decision or issue. 52 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. 53 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. 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. 54 This filing requirement does not apply to verbal communications between a mayor or council member and the city/town attorney. 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 knowinaly conceals or fails to disclose any substantial interest or engages in any of the activities prohibited by A.R.S. 9 38-503 through 38-505, is guilty of a class 6 felony, which carries a penalty of one and one-half years imprisonment or a maximum fine of $150,000, plus a conviction will automatically forfeit office. A public officer or employee who nealiaently or recklessly violates the conflict of interests law by failing to disclose a -6- substantial interest or engaging in the activities prohibited by A.R.S. ~ 38-503 through 38-505, is guilty of a class 1 misdemeanor, which is punishable by imprisonment for up to six months or a fine of not more than $2,500. 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 party. In addition, any contract made in violation of the law may be voided by action of the city or town.55 WHEN IN DOUBT ABOUT POTENTIAL CONFUCTS, ASK YOUR ATTORNEY! PUBUC 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 "[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours." 56 The law applies to, among others, officers of cities and towns. 57 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 infQrmation "regardless of physical form or characteristics, including ... items produced or reproduced on film or electronic media." 58 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."59 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 prevail over the public's right to know, or when the best interests of the. government outweigh the public's right to inspection. 60 ) 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),61 guard the safety of certain individuals (e.g., prevent disclosure of the home addresses of judges, prosecutors, public defenders, peace officers, and victims of domestic violence, stalking, or harassment),62 and protect against identity theft (e.g., prevent disclosure of social security numbers).63 Note that you do not have independent authority to promise that documents will be protected as confidential.64 Second, 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.65 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 later 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. n66 Note that the burden is 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. Steo One: Prooerly 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]II 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.'t67 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.68 -7~ 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: ReceivinQ 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.69 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 CopyinQ. Members of the public actually have three rights relating to public records. First, they have a right to "inspect" those documents, which essentially means they may "examine" or "look at" the requested records.70 Second, in light of the numerous exceptions to the Public Records Law, a person may request the custodian of the public records to "also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person.'t71 (A court still may review the withheld documents and order them disclosed.) Third, if a person wants, they are entitled to get "copies, printouts or photographs" of the records, which must be provided "promptly." 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.72 Step Six: RecoverinQ 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 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.73 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. NOTE: Because of the First Amendment, requests by journalists are not for a commercial purpose. Step Seven: MailinQ. A recent amendment allows a person to "request that the custodian mail a copy of any public record not otherwise available on the public body's web site 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."74 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 may contain information that does not need to be produced/5 or overcharging for copies of public records.76 A person "who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court .... If the court determines that a person was wrongfully denied access to or the right to copy a public record and if the court finds that the custodian of such public record acted in bad faith, or in an arbitrary or capricious manner, the superior court may award to the petitioner legal costs, including reasonable attorney fees, as determined by the court.'t77 Additionally, "[a]ny person who is wrongfully denied access to public records pursuant to the provisions of this article shall have a cause of action against the officer or public body for any damages resulting therefrom."78 "Personal" violations occur when, for example, a pUblic officer or employee releases confidential information that is protected from disclosure by statute/9 steals or in an unauthorized way removes, secretes, mutilates, or defaces a public record,80 or otherwise "tampers with a public record" by destroying,altering, or falsifying a public record.81 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. Practical Tips To avoid problems, you might want to keep the following three tips in mind. First, whenever creating documents (including informal writings, -8- . .... such as email, which are subject to the Public Records law82), 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. Second, don't "tamper" with a pUblic record - by destroYin~it,/)ac~~a~~ng it,_ hidi,.,9 it'Cllter!ngJ.~__. (such as erasing or changing portions of it), or otherwise falsifying it. Each of these acts isa crime in Arizona. Third, whenever you receive a request for a public record, it is a sound practice to immediately seek help from staff. INCOMPATmlLITY 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. 83 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. ) ~.. .__-'-~".""'~"~.~~-~~",".."._""~,,,,,~~,,-, 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.84 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 yearQf their term. _HQwever#an incumbent may resign and then run for another office.85 3. Justices of the peace may hold the additional pOSition of pOlice magistrate in incorporated cities and towns.86 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.87 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.88 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.89 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.90 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 partin managing a political party or political campaign.91 Certain state employees are exempted from these restrictions, so we suggest that yoU discuss individual cases with your city or town attorney. S. A person may not be a candidate for more than one. Pl,ll:)li(:011~eif the elections for the offices are held orleNe same day and the person would be prohibited from serving both positions simultaneously~ 92 -9- Ciqr 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. 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.93 2. The positions of school board member and council member could be held by the same individual because the school board position was uncompensated.94 3. A legislator may not assume an elective office in a charter city during the legislative term for which he or she was elected. 9S 4. The duties of a county supervisor are not inherently inconsistent with the duties imposed on a member of the Arizona Board of Regents.96 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 police judge at the same time.97 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.98 3. A pOlice judge, during absence from his post, may request another police judge 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.99 4. The General Counsel of the League also suggests that the offices of town manager and police magistrate not be held by one individual. _"'_.'"'"'..._""o_._.,.."".._...."____~.~.__~"""".,,.. . 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. 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.loo 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.lOl 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.l02 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.l03 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 councilor 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. 104 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.los -10- The council/manager form of government or the existence of a merit system also affect the application of the anti-rlepotism 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.106 Since 1984, cities and towns have been required to adopt standards of financial disclosure consistent with the standards imposed for state elected officials.107 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 requirement.10e Candidates for city or town office must file the financial disclosure statement covering the preceding twelve-month period when nomination papers are filed. 109 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 offidal 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 <::Ierk and is available for public inspection. Failure to file or filing a false or incomplete financial disclosure statement, if done knowingly, is a c1as~ 1 misdemeanor. 110 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 new 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." 111 ..) 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.112 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. n 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 members of the council (whether elected or appointed), but not directly to city or town staff (although local ordinances or policies might).l1J 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. "114 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, theatre, or anything else). Nor may they offer to payor 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. 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 on the activities of public officials in Arizona cities and towns. Jf 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. -11- ENDNOTES 1. The information about the Open Meeting Law (A.R.S. 9 38-431 through 38-431.09) presented in this section is taken largely from a summary prepared by the Attorney General's Office. The League prepared these endnotes. 2. A.R.S. 9 38-431.09. 3. A.R.S. 9 38-431.01(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 183-049 and 184-133. This includes the right to know exactly how ea.ch 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). 4. A.R.S. 9 38-431(4). 5. A.R.S. 9 38-431(6). 6. For a discussion of the applicability of the Open Meeting Law to advisory committees, see Attorney General Opinion 192-007. 7. A.R.S. 9 38-431.02 (A). 8. A.R.S. 9 38-431.02(A)(1). 9. A.R.S. 9 38-431.02(F). 10. A.R.S. 9 38-431.02(C). 11. A.R.S. 9 38-431.02 (B). 12. A.R.S. 9 38-431.02(E). 13. A.R.S. 9 38-431.02(D),(J). 14. A.R.S. 938-431.05 (B)(4). , 15. A.R.S. 9 38-431.02(H). 16. A.R.S. 9 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 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 183-56. 17. A.R.S. 9 38-431.02(1). 18. A.R.S. 9 38-431.02 (H). 19. A.R.S. 9 38-431.02(K). This subsection was amended in 2002 to allow any member of the council to make current event announ~ements. Previously, this authority was limited to the mayor and chief administrator. . 20. A.R.S. 9 38-431.01(G). 21. A.R.S. 9 38-431(2). 22. A.R.S. 9 38-431.03(C). -12- -,."-."----.,-.--~--_~,,'".#_'"..",.,"'"..,,,.._"~......0......._..".<'~,.,'~'-""...~"'-,_.M.,;...;".A'...e,""_. 36. 37. 38. 39. 40. 41. 42. 43. 44. ) 45. 23. A.R.S. ~ 38-431.03 (0). See also Johnson v. Tempe Elementary School Dist. G{jveming 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). 24. A.R.S. S 38-431.03(A)(I). The other exceptions are also set forth in Section 38-431.03(A). 25. See City of Prescott v. Town of Chino Valley, 66 Ariz. 480, 803 P.2d 891(1990). 26. See Tanque Verde Unified School Dist. v. Bemini, 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). 27. A.R.S. ~ 38-431.01(B). 28. A.R.S. ~ 38-431.01(C). 29. A.R.S. ~ 38-431.01(0). 30. A.R.S. ~ 38-431.03(B). 31. A.R.S. ~ 38-431.01(E). 32. A.R.S. ~ 38-431(4). 33. Id. 34. Ariz. Att'y Gen. Op. No. 105-004 at 2 ("Board members must ensure that the board's business is conducted at pUblic meetings and may not use e-mail to circumvent the OML 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. "). 35. ld. at 4 ("Public officials may not circumvent public discussion by splintering the quorum and having separate or serial discus~ions~... Splintering the quorum can be done by meeting in per$on, by telephone, electronically, or through other means 1:0 discuss the topic that is or may be presented to the public body for a decision.")(quoting Arizona Agency Handbook~ 7.5.2; Ariz. Att'y Gen. 2001). A.R.S. ~ 38.,.431.05(A). A.R.S. ~ 38-431.07(A). A.R.S. S 38-431.01(H). A.R.S. S 38-502(9). Compare A.R.S. S 38-502(11) ("substantial interest") and 38-502(1O)("remote interest"); see also Attorney General Opinion 185-052. A.R.S. ~ 38-502(11). A.R.S. ~ 38-503(C). See also Attorney General Opinions 70-5, 79-067, 79-133, and General Counsel Opinion May 17, 1979, and letter dated October 23,1984 from Attorney General to Town of Parker. A.R.S. ~.. 38-503(C)(2). A sample resolution establishing a policy to govern such purchases from members of the c()uncil without going to public bid is available from the League office. Attorney General Opinion 185-067. -13- 46. A.R.S. ~ 38-504(A). 47. A.R.S. ~ 38-504(B). 48. A.R.S. ~ 38-505. 49. A.R.S. ~ 38-504(C). 50. State Bar Ethics Opinion No. 74-28. 51. See Gomez v. Superior Court, 149 Ariz. 223, 717 P.2d 902 (1986). 52. A.R.S. ~ 38-503(A), (B). 53. A.R.S. ~ 38-508. 54. A.R.S. ~ 38-507. 55. A.R.S. ~ 38-506 and A.R.S. 938-511. 56. A.R.S. ~ 39-121. 57. A.R.S. ~ 39-121.01(A). 58. A.R.S. ~ 41-1350. 59. See, e.g., Carlson v. Pima County, 687 P.2d 1242, 1246 (Ariz. 1984). 60. Id. 61. See, e.g., A.R.S. ~ 39-126. 62. See, e.g., A.R.S. ~~ 11-483, 16-153, 39-123(A). 63. See, e.g., 42 U.S.c. ~ 405(c)(ii), (vii)(I), and A.R.S. ~~ 44-1373, -1373.03. 64. Moorehead v. Arnold, 637 P.2d 1242 (Ariz. App. 1981). 65. Scottsdale Unified School Dist. v. KPNX Broadcasting, 955 P.2d 534, 537 (Ariz. 1998). 66. Star Publishing Co. v. Pima County Attorneys Office, 891 P.2d 899, 901 (Ariz. App. 1994). 67. A.R.S. 939-121.01(B). 68. A.R.S. 939-121.01(C). 69. A.R.S. ~ 39-121.01 (0)(1), (E). 70. A.R.S. ~ 39-121.01(0)(1). 71. A.R.S. 9 39-121.01(0)(2). 72. See, e.g., 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). 73. A.R.S. ~ 39-121.03 (explaining what may be charged for commercial copies). -14- ~".~"'~-""'~.'~"'--'---""'---<,,_.- 74. A.R.S. ~ 39-121.01(D)(1). 75. Star Publishing Co. v. Pima County Attorney's Office, 891 P.2d 899 (Ariz. App. 1994). 76. Hanania v. City of Tucson, 624 P.2d 332 (Ariz. App. 1980). 77. A.R.S. ~ 39-121.02(A),(B). 78. A.R.S. ~ 39-121.02(C). 79. See, e.g., A.R.S. ~~ 39-124, 13-2401. 80. See, e.g., A.R.S. ~ 38-421. 81. See, e.g., A.R.S. ~~ 13-2407. 82. Ariz. Att'y Gen. Op. No. 105-04 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 e-mails must be preserved according to a records retention program and generally be made available for public inspection. "). 83. McQuillin on Municipal Corporations Volume 3, Section 12.67. See also Attorney General Opinion 76-41. 84. Arizona Constitution, Article IV, Part 2, Section 5; Attorney General Opinion 77-221. 85. Arizona Constitution, Article XXII, Section 18. See also A.R.S. ~ 38-296 and Attorney General Opinion 82-001. 86. 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. 87. A.R.S. ~ 38-296. 88. A.R.S. ~ 9-304. 89. General Counsel Opinion August 17, 1988. 90. A.R.S. ~ 11-585. 91. A.R.S. ~ 41-772. 92. A.R.S. ~ 38-296.01. 93. Attorney General Opinion 71-32-L. The Attorney General further opined thatthe 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. Attorney General Opinions 72-20-Land 80-061. Attorney General Opinion 77-221. Attorney General Opinion 80-019; see also Attorney General Opinions 59-30, 75-2-L, and 77-216. General Counsel Opinion December 10, 1965. General Counsel Opinion November 2, 1966. General Counsel Opinion May 26, 1970. A.R.S. ~ 38-481. -15- '~~__'.'>A~..__.~"<_"~_."",~"","_"......__,,,,_..-....,,..~ 101. See Graham County v. Buhl 76 Ariz. 275, 263 P.2d. 537 (1953), and Attorney General Opinion 77-115. 102. Attorney General Opinion 63-75-L. 103. Attorney General Opinion 63-9. See also Attorney General Opinions 54-26, 65-6-L. 104. General Counsel Opinions June 24, 1968 and January 19, 1977. See also Attorney General Opinion 78-71. 105. See Attorney General Opinion 77-138. 106. A.R.S. Title 38, Chapter 3.1, Article 1. 107. A.R.S. ~ 38-545. 108. See League Municipal Election Manual for forms. 109. A.R.S. ~ 38-543. 110. A.R.S. ~ 38-544. 111. A.R.S. ~ 41-1232.08(6). 112. Attorney General Opinion 100-031. 113. League General Counsel Opinion January 15, 2001. 114. A.R.S. ~ 41-1231(5). -16- ..._~-'...,.-~,......,..".............""""-,-_..<'_.< ' K STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL A ITORNEY GENERAL OPINION by TERRY GODDARD A ITORNEY GENERAL No. 105-004 (R05-0 1 0) Re: Open Meeting Law Requirements and E-mail to and from Members of a Public Body July 25, 2005 To: Donald M. Peters, Esq. Miller, LaSota & Peters 722 East Osborn Road, Suite 100 Phoenix, Arizona 85014 Pursuant to Arizona Revised Statutes ("A.R.S.") S 15-253(B), you submitted for review your opinion to the president of the Washington Elementary School District ("District") Governing Board ("Board") regarding electronic mail ("e-mail") communications to and from members of the Board and Arizona's Open Meeting Law ("OML"). This Opinion revises your analysis to set forth some parameters regarding e-mail to and from members of a public body and is intended to provide guidance to public bodies throughout the State that are subject to the OML. See Ariz. Att'y Gen. Op. 198- 006 at 2, n.2. Question Presented What are the circumstances under which the OML permits e-mail to and from members of a public body? Summary Answer Board members must ensure that the board's business is conducted at public meetings and may not use e-mail to circumvent the OML requirements. When members of the public body are parties to an exchange of e-mail communications that involve discussions, deliberations or taking legal action by a quorum of the public body concerning a matter that may foreseeably come before the public body for action, the communications constitute a meeting through technological devices under the OML. 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 ofthe OML. Analvsis The OML is intended to open the conduct of government business to public scrutiny and prevent public bodies from making decisions in secret. See Karol v. Bd of Educ. Trs., 122 Ariz. 95, 97, 593 P.2d 649, 651 (1979). "[A]ny person or entity charged with the interpretation [of the OML] shall construe any provision [of the OML] in favor of open and public meetings." A.R.S..~ 38-431.09. In addition, devices used to circumvent the OML and its purposes violate the OML and will subject the members of 2 the public body and others to sanctions. I See e.g. Ariz. Att'y. Gen. Ops. 199-022, n. 7; 175-7. These principles guide the analysis of the use of e-mails by members of a public body. E-mail communications to or from members of the public body are analyzed like any other form of communication, written or verbal, in person or through technological means. A. An Exchange of E-mails Can Constitute a Meeting. 1. A Meeting Can Occur Through Serial Communications between a Quorum of the Members of the Public Body. All meetings of public bodies must comply with the OML.2 The OML 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. A.R.S. ~ 38-431(4). The OML does not specifically address whether all members of the body must participate simultaneously to constitute a "gathering" or meeting. However, the requirement that the OML be construed in favor of open and public meetings leads to the conclusion that simultaneous interaction is not required for a "meeting" or "gathering" 1 A.R.S. ~ 38-431-.07 (A) provides for penalties for violating the OML against not only members of the public body, but also against "[a person] who knowingly aids, agrees to aid or attempts to aid another person in violating [the OML]." 2 A "public body" subject to the OML includes: the legislature, all boards and commissions of this state or political subdivisions, all multimember 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 subdivisions. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body. A.R.S. ~ 38-431(6). 3 ". -~-""""",,,",-<-,....~~~_..... within the OML. "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 a topic that is or may be presented to the public body for a decision." Arizona Agency Handbook ~ 7.5.2. (Ariz. Att'y Gen. 2001) Thus, even if communications on a particular subject between members of a public body do not take place at the same time or place, the communications can nonetheless constitute a "meeting." See Del Papa v. Board of Regents, 114 Nev. 388, 393, 956 P. 2d 770, 774 (1998) (rejecting the argument that a meeting did not occur because the board members were not together at the same time and place)3; Roberts v. City of Palmdale, 20 Cal. Rptr. 2d 330, 337, 853 P. 2d 496, 503 (1993 ) ("[A] concerted plan to engage in collective deliberation on public business through a series of letters or telephone calls passing from one member of the governing body to the next would violate the open meeting requirement.")4 2. Discussion. Proposals and Deliberations Among a Quorum of a Public Body Must Occur at a Public Meeting. A "meeting" includes four types of activities by a quorum of the members of the public body: discussing legal action, proposing legal action, taking legal action, and deliberating "with respect to such action[s]." A.R.S. ~ 38-431(4). Three of these activities necessarily involve more than a one-way exchange between a quorum of members of a public body. 3 Like the OML, Nevada's open meeting law defines a "meeting" as a gathering ofa quorum of members of the public body. Nev. Rev. Stat. 241.015(2). 4 This Office declines to follow Beck v. Shelton, 267 Va. 482,491,593 S.E.2d 195, 199 (2004) because of differences between Arizona's law and Virginia's. In Beck, the court concluded that "the term ['assemble'] inherently entails the quality of simultaneity." Further, the court observed that "[ w ]hile such simultaneity may be present when e-mail technology is used in a 'chat room' or as 'instant messaging,' it is not present 4 __._-......,~,.=~""..o"'"'""~_""'".~""....'^'-"_". For example, the ordinary meaning of the word "discuss" suggests that a discussion of possible legal action requires more than a one-way communication. See Webster's II New College Dictionary 385 (1994) (defining "discuss" as "to speak together about.") Likewise, the term "deliberations" requires some collective activity. See Ariz. Att'y Gen. Op. 197-012, citing Sacramento Newspaper Guild v. Sacramento Bd. of Supervisors, 69 Cal. Rptr. 480, 485 (App. 1968) (reversed on other grounds). "Deliberations" and "discussions" involve an exchange between members of the public body, which denotes more than unilateral activity. See Ariz. Att'y Gen. Op. 175-8; Webster's at 390 ("exchange" means "to take or give up for another"; "to give up one thing for another"; "to provide in return for something of equal value.") Finally, "taking legal action" in the context of the OML requires a "collective decision, commitment or promise" by a majority of the members of a public body. A.R.S. ~ 38-431(3); Ariz. Att'y Gen. Op. 175-7. Unlike discussions and deliberations, the word "propose" does not imply or require collective action. Webster's defines "propose" as "to put forward for consideration, discussion, or adoption." Webster's II New College Dictionary at 944. A single board member may "propose" legal action by recommending a course of action for the board to consider. For example, the statement, "Council person Smith was admitted to the hospital last night" is not a proposal, but "We should install a crosswalk at First and Main" is a proposal. Thus, an e-mail from a board member to enough other members to constitute a quorum that proposes legal action would be a meeting within the OML, even when e-mail is used as the functional equivalent of letter communication by ordinary mail, courier, or facsimile transmission." Jd., 267 Va. at 490,593 S.E. 2d at 199. 5 ....__~..."'''''.''''h.'''.......''''"''''.,.'''..~......'''~,,,.~,,,.,,..>."~_,~._"''' if there is only a one-way communication, and no other board members reply to the e- mail.5 3. An Exchange of Facts, as Well as Opinions, Among a Quorum of Members of a Public Body Constitutes a Meeting within the OML, if it is Reasonably Foreseeable that the Topic May Come Before the Public Body for Action in the Future. Arizona's OML does not distinguish between communication of facts or opinions. An exchange of facts, as well as opinion, may constitute deliberations under the OML. See Ariz. Att'y Gen. Ops. 197-012, 179-4; 175-8.6 The term "deliberations" as used in A.R.S. ~ 38-431 means "any exchange of facts that relate to a matter which foreseeably might require some final action. . .." Ariz. Att'y Gen. Op. 175-78; see also Sacramento Newspaper Guild, 69 Cal. Rptr. at 485 (deliberation connotes not only collective discussion, but also the collective acquisition and exchange of facts preliminary to the final decision). Of course, the OML applies only to an exchange of facts or opinions if it is foreseeable that the topic may come before the public body for action. See Valencia v. Cata, 126 Ariz. 555, 556-57, 617 P.2d 63, 64-5 (App. 1980); Ariz. Att'y Gen. Op. 75-8. The scope of what may foreseeably come before the public body for action is determined 5 It might be argued that because the definition of meeting refers to a gathering of a quorum at which they discuss, propose or take legal action, the definition only applies to proposals made by a quorum or circumstances in which more than one person actually makes a proposal. That interpretation, however, is inconsistent with the ordinary meaning of the word "propose" and with the process for proposing legal action for consideration by public bodies. It is also contrary to the directive that the OML be construed broadly to achieve its purposes. 6 Unlike Arizona, some states permit exchanges of information among a quorum of a public body outside of public meetings. See Fla. AGO 2001-20, 2001 WL 276605 (Fla. A.G.) ("[C]ommunication of information, when it does not result in the exchange of council members' comments or responses on subjects requiring council action, does not constitute a meeting subject to [Florida's sunshine law]). As in many other states, Florida's open meeting law is known as its "sunshine law." 6 by the statutes or ordinances that establish the powers and duties of the body. See Ariz. Att'y Gen. Op.100-009. 4. Applying OML Principles to E-mail. Few reported decisions discuss when the use of e-mail violates a state's open meeting law. In Wood v. Battle Ground School District, 107 Wash. App. 550, 564, 27 P. 3d 1208, 1217 (2001), the Washington Court of Appeals held that the exchange of e-mail messages may constitute a meeting within Washington's Open Public Meetings Act. While the court held that "the mere use or passive receipt of e-mail does not automatically constitute a 'meeting'," it concluded that the plaintiff established a prima facie case of "meeting" bye-mails because the members of the school board exchanged e-mails about a matter, copying at least a quorum and sometimes all of the other members. The court said, "[T]he active exchange of information and opinions in these e- mails, as opposed to the mere passive receipt of information, suggests a collective intent to deliberate and/or to discuss Board business." 107 Wash. App. at 566, 27 P. 3d at 1218. Although the Washington Open Public Meetings Act is not identical to the OML, like the OML, it broadly defines "meeting" and "action," and includes the directive that the law be liberally construed in favor of open and public meetings. 107 Wash. App. at 562,27 P. 3d at 1216. The holding of the court in Wood and its attendant analysis are, therefore, persuasive. The available case law and Arizona's statutory language indicate that a one-way communication by one board member to other members that form a quorum, with no further exchanges between members, is not a per se violation of the OML. Additional facts and circumstances must be evaluated to determine if the communication is being 7 used to circumvent the OML. A communication that proposes legal action to a quorum of the board would, however, violate the OML, even if there is no exchange among the members concerning the proposal. In addition, passive receipt of information from a member of the staff, with nothing more, does not violate the OML. See Roberts, 20 Cal. Rptr. 2d at 337, 853 P. 2d at 503 (receipt of a legal opinion by members of a public body does not result in a meeting.); Frazer v. Dixon Unified Sch. Dist., 18 Cal. App. 4th 781, 797,22 Cal. Rptr. 2d 641, 657 (1993) (passive receipt by board members of information from school district staff is not a violation of the open meeting law).7 There are risks whenever board members send e-mails to a quorum of other board members. Even if the first e-mail does not violate the open meeting law, if enough board members to constitute a quorum respond to the e-mail, there may be a violation of the OML. In addition, a quorum of the members might independently e-mail other board members on the same subject, without knowing that fellow board members are also doing so. This exchange of e-mails might result in discussion or deliberations by a quorum that could violate the OML. Because of these potential problems, I strongly recommend that board members communicate with a quorum about board business at open public meetings, not through e-mails. B. Hypotheticals Illustrating the Use of E-mail. The analysis of the OML and e-mail is theoretically no different than analyzing other types of communications. To provide additional guidance, this Opinion will address 7 This office has also opined that, in the context of a Call to the Public, passive receipt of information does not constitute a meeting. Ariz. Att'y Gen. Op. 199-006. 8 OML applications to specific factual scenarios.8 a. E-mail discussions between less than a quorum of the members that are forwarded to a quorum by a board member or at the direction of a board member would violate the OML. b. If a staff member or a member of the public e-mails a quorum of members of the public body, and there are no further e-mails among board members, there is no OML violation. c. Board member A on a five-member board may not e-mail board members Band C on a particular subject within the scope of the board's responsibilities and include what other board members D and E have previously communicated to board member A. This e-mail would be part of a chain of improper serial communications between a quorum on a subject for potential legal action. d. A board member may e-mail staff and a quorum of the board proposing that a matter be placed on a future agenda. Proposing that the board have the opportunity to consider a subject at a future public meeting, without more, does not propose legal action, and, therefore, would not violate the OML. e. An e-mail from the superintendent of the school district to a quorum ofthe board members would not violate the OML. However, if board members reply to the superintendent, they must not send copies to enough other members to constitute a quorum. Similarly, the superintendent must not forward replies to the other board members. f. One board member on a three-member board may e-mail a unilateral communication to another board member concerning facts or opinions relating to board business, but board members may not respond to the e-mail because an exchange between two members would be a discussion by a quorum. g. A board member may copy other board members on an e-mailed response to a constituent inquiry without violating the OML because this unilateral communication would not constitute discussions, deliberations or taking legal action by a quorum of the board members. h. An e-mail request by a board member to staff for specific information does not violate the OML, even if the other board members are copied on the e-mail. The superintendent may reply to all without violating the OML as long as that response does not communicate opinions of other board members. However, if board members reply in a communication that includes a quorum, that would constitute a discussion or deliberation and therefore violate the OML. 8 These hypotheticals assume that the e-mails are not sent by board members or at a board member's direction with the purpose of circumventing the OML and that any unilateral communications do not propose legal action. 9 "'~_~_"'d"''''''''''''~_;___",~,,,,,,,,,,"""_',_,,,,,,,,_,~",,,,",,,,;,,,",,,',,___'."0_" i. A board member may use e-mail to send an article, report or other factual information to the other board members or to the superintendent or staff member with a request to include this type of document in the board's agenda packet. The agenda packet may be distributed to board members via e-mail. Board members may not discuss the factual information with a quorum of the board through e- mail. C. Measures to Help Ensure that the Public Body Conducts Its Business in Public. Although it is not legally required, I recommend that any e-mail include a notice advising board members of potential OML consequences of responding to the e-mail. Possible language for a notice for e-mails from the superintendent or staff is as follows: 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. Language for e-mails from board members could be the following: To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other board members and board members should not reply to this message. Although the OML does not require the above notice, such notification may serve as a helpful reminder to board members that they should not discuss or deliberate through e- mail. It is also important to remember that e-mail among board members implicates the public records law, as well as the OML. E-mails that board members or staff generate pertaining to the business of the public body are public records. See Star Publ'g Co. v. Pima County Attorney's Office, 181 Ariz. 432, 891 P.2d 899 (App. 1994); see also Arizona Agency Handbook ~ 6.2.1.1 (Ariz. Att'y Gen. 2001). Therefore, the e-mails must be preserved according to a records retention program and generally be made available 10 -,............._.""-~.......,__,",..Ai.,_<-"_"."..,' for public inspection. A.R.S. SS 39-121, 41-1436. Although the OML focuses on e-mails involving a quorum of the members of the public body, the public records law applies to any e-mail communication between board members or board members and staff. Public bodies might consider maintaining a file that is available for public inspection and contains any e-mails sent to and from board members. Ready access to this type of information helps ensure compliance with the legislative mandates favoring open government. I encourage all public bodies to educate board members and staff concerning the parameters of the OML and the public records law to ensure compliance with these laws. E-mail is a useful technological tool, but it must be used in a manner that follows the OML's mandate that all public bodies propose legal action, discuss, deliberate, and make decisions in public. 11 .................._~_._........--....._",......".. Conclusion E-mail communications among a quorum of the board are subject to the same restrictions that apply to all other forms of communications among a quorum of the board. E-mails exchanged among a quorum of a board that involve discussions, deliberations or taking legal action on matters that may reasonably be expected to come before the board constitute a meeting through technological means. While some unilateral e-mail communications from a board member to a quorum would not violate the GML, a board member may not propose legal action in an e-mail. Finally, a quorum of the board cannot use e-mail as a device to circumvent the requirements in the GML. Terry Goddard Attorney General 450529 12 ..__.."""'~,...._~~.......~,>..~ L The Town of Marana ART ADVISORY COMMISSION Art Advisory Commission Mission The Art Advisory Commission will assist staff in refining and advise Mayor and Council in developing a comprehensive community arts and cultural program. The Art Advisory Commission ensures equal access to all individuals, groups, and organizations to enjoy opportunities for the preservation, development, and appreciation of artistic expression with the committed support of the Town of Marana. Structure of the Commission The Arts Advisory Commission is a seven-member citizen board that serves in an advisory capacity to the Mayor and Town Council. Commissioners are appointed by the Town Council to represent Performing Arts, Visual Arts, Literary Arts, Media Arts, Community PlanninglParks and Recreation! Public Art, Cultural HeritagelMuseums, and the Community Audience At-Large. At least four commissioners will reside or have their primary business within the Town of Maran a, however qualified commissioners from outside of the Town will be considered for membership. Commissioners will serve for a term of four years, with staggered terms. Art Advisory Commission Aims and Objectives The aims and objectives of the Art and Cultural Advisory Commission are to advise Mayor and Council on policy that: · acknowledges the importance of the arts and culture in the development of civic pride and a municipal sense of identity; · helps redevelop and implement the Public Works Arts Ordinance · provides arms-length funding of arts events; · encourages and promotes amateur and professional development of artistic expression; · defines design and funding guidelines and standards for public art and arts programs and projects; · promotes the appreciation and enjoyment of art and culture; · maintains appropriate ongoing programs that create an environment in which the arts can thrive. Definitions Art For purposes of this document the definition of arts shall be the improvement or refinement of the mind, emotions and interests, manners and tastes and the description of creative activity which provides aesthetic enjoyment to the various senses. · Performing Art: theatre, dance, opera, music, puppetry, new genre · Visual Art: drawing, painting, sculpture, printmaking, pottery, jewelry, fibre/fabric, woodworking · Literary Art: prose, poetry, storytelling · Media Art: photography, film, video, print, digital, audio and/or graphics Public Art Statement Public Art enhances the quality of life by helping to define and formulate responses to social, economic, cultural and political issues faced by a community. Public Art contributes to cross-cultural understanding, and a sense of ownership and responsibility towards the Marana commuruty. In its broadest definition, Public Art inspires community understanding, pride and creativity, and benefits the growth and development of the individual and community life. At its best, Public Art is more than simply art integrated, installed or performed in a public place; rather it is a community-based proce~s of dialogue, involvement, and participation. Public Art can become a major source of identity for a community. Staff Liaison: Community Development Director L The Town of Marana PARKS AND RECREATION ADVISORY COMMISSION Parks and Recreation Advisory Commission Mission: The Parks and Recreation Commission assists staff with studies and makes recommendations to the Mayor and Town Council on all matters relating to the plarining, improvement, development, enterprise management, and beautification of any and all parks and park buildings and facilities owned or controlled by the Town. The Commission advises the Town Council on the promotion and planning of a comprehensive and adequate recreation park program for the Town. Park Commission meetings are a public forum for citizens to voice their opinions regarding park and recreation issues. The Parks and Recreation Commission is a seven-member citizen board and one Teen Commissioner that serves in an advisory capacity to the Mayor and Town Council. The Parks and Recreation Director serves as the liaison between the Commission and the Mayor and Town Council. Commission members are appointed by the Town Council and should be diverse group both in their interests and geographic location in the Town. Commission members must be citizens of the Town of Marana for at least two years prior to their appointment and serve for a term of four years with the exception of the Teen member that serves a two year term. Parks and Recreation Commission Working Goals · Review improvement resources and make recommendations so that they reflect population arid community demand · Review departmental policies and actions and meet with the public to ensure that parks and recreation policies and actions are well-thought-out and appropriate to community standards · Keep abreast with evolving parks and recreation issues and make recommendations on changing parks needs and recreation program demands · Provide a forum for public input for parks and recreation issues. · Advise the Mayor and Town Council of the Commission's findings, conclusions and Recommendations. Staff Liaison: Parks and Recreation Director L The Town of Marana AFFORDABLE HOUSING COMMISSION Affordable Housing Commission Mission: The Affordable Housing Commission studies and makes recommendations to the Mayor and Town Council on all matters relating to the direction ofthe Town's Affordable Housing Program and CDBG Program including the sale, lease, rental, operation, improvement, development and beautification of any and all affordable housing projects of the Town. The Commission advises the Town Council on the planning of affordable housing projects and the development of a comprehensive and adequate Affordable Housing Plan for the Town. Affordable Housing Commission meetings are a public forum for citizens to voice their opinions regarding affordability and housing issues. The Affordable Housing Commission is a seven-member citizen board that serves in an advisory capacity to the Mayor and Town Council. Commission members are appointed by the Town Council and should be knowledgeable of housing issues and at least one member shall have received housing services from the Town in the past. At least four of the seven commissioners will reside or have their primary residence within the Town of Marana; however, particularly capable members from outside of the Town will be considered for membership. Commission members will serve for a term of four years, with staggered terms. Affordable Housing Commission Working Goals · Review and make recommendations on the affordable housing needs for the community and make recommendations so that community demand is met to the extent possible · Review departmental policies and actions and meet with the public to ensure that affordable housing policies and actions are well-thought-out and appropriate to community standards · Keep abreast with evolving affordable housing opportunities and issues; make recommendations on any program refinements, modifications and new opportunities · Provide a forum for public input for affordable housing issues to be completely heard · Act as an advocate for a strong housing program which creates opportunities for the affordable housing of the youth, workforce, retired and special needs members of the community · Advise the Mayor and Town Council ofthe Commission's findings, conclusions and recommendations. Staff Liaison: Community Development Director --~""""''"''''"..'''=,~~"~ L The Town of Marana UTILITIES COMMISSION Utilities Commission Mission: The Utilities Commission studies and makes recommendations to the Mayor and Council on all matters related to the management and operations of the Town's utilities enterprise fund, and utilities such as stormwater, electrical, water, wastewater, irrigation district, street lighting, franchises for natural gas, cable and phone. The Commission advises the Town Council on the planning, developnient and construction of a comprehensive and adequate master plan for the Town's utilities system. Commission meetings are a public forum for citizens to voice their opinions regarding those Issues. Structure: The seven-member commission serves in an advisory capacity to the Mayor and Council. Commission members are appointed by the Council for four-year, staggered terms. Commission members should be knowledgeable about utility issues. Commission members will be citizens of the Town; however, particular expertise from applicants outside the Town will be considered for membership. Working Goals and Objectives: · Review and make recommendations on the utilities needs for the community to the extent that whenever possible, community demand is met · Review department policies and actions and meet with the public to ensure that the Utilities Department policies and actions are thoughtful and appropriate to department specifications and community and state standards · Keep abreast of the evolving opportunities and issues; make recommendations on any program refinements, modifications and new opportunities · Provide a forum for public input on issues · Act as an advocate for a strong infrastructure which creates opportunities for the participation of youth, the workforce, and retired and special needs members of the community Staff Liaison: Utili ti es. Director SAMPLE WEBSITE NOTIFICATION Marana Citizen Advisory Commissions Citizen advisory commissions (CACs) have been established by the Town Council to capitalize on the expertise and commitment of community members and promote citizen involvement with Town government. How to apply Appointments to most CACs are made by recommendations from staff to the Mayor and Council. Openings occur frequently, and applications are available at the Community Servic ~eception area on the first floor of the Marana Municipal Complex, 11555 W. Civic Center q~i You may also download an application below or get further information by calling the Ad 'l{Iis . e Secretary in the Town Clerk's office at 382-1962. . · Click here to download application as a PDF document Arts Citizen Advisory Commission Meets 2nd Tuesday, 3:00 p.m., Municipal Complex, first fl Members: 7 Term: 4 years Requirements: Individuals representing neighbo Staff Assistance provided by: Finance Depart The Arts Citizen Advisory Commission is aut rized to in tourism planning and promotion activities; the commission reviews applica' s or touris motion and tourism-related facility projects and makes recommendations t Q Council regarding the projects the town should fund through lodging tax receipts. rsh. consists of one elected official of the town, four representatives of businesse r entities . tf to collect the lodging tax, four representatives involved in activi nded b lodging tax, and two at-large members. Park and Recreatio # Meets 1st Wednesday, Members: 7 Term: 4 years Requirements: Staff assistance p ory Commission Municipal Complex, 2nd floor conference center e .y: Parks and Recreation Department, 382-1950 . Advisory Commission advises and makes recommendations to the quisition, control, improvement, design, beautification, stewardship, and ic parks and open space of the town and all the town recreational facilities and Plannin & Zoning Commission Meets last Wednesday of each month, at 6:30 p.m., Municipal Complex, Council Chambers Members: 7 Term: 2 years Requirements: Town resident. Staff assistance provided by: Planning Department, 382-1500 The Planning & Zoning Commission provides recommendations to the Town Council on land use cases, growth management and other short and long term planning issues. The Commission conducts public hearings on various development and legislative proposals and forwards findings to the Town Council for final action. AFFIDA VllOF PUBLICA liON STATE OF ARIZONA COUNTY OF PIMA ss. Jamie Macias, being first duly sworn, deposes and says that (s)he is the legal Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE MARANA ORDINANCE NO. 2006.25 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES et al was printed and published correctly in the regular and entire issue of said THE DAilY TERRITORIAL for 4 issues; that was first made on the 11 th day of September 2006 and the last publication thereof was made on the 14th day of September 2006; that said publication was made on each of the following dates, to-wit: 09/11/06 09/12/06 09/13/06 09/14/06 at the Request of: Town of Marana, Clerk's Office , Legal Advertising Manager ed and sworn to before me this 14th day of September 2006. .~ R08BlE JONES Notary PubliC - ArIzona Pima County Expires 11/01/08 tf4-, My commission expires: /(-0(- 08 PUBLIC NOTICE , MARANA ORDINANCE NO. 2006.25 RELATING-TO BOARDS, COMMIS. SIONS AND COMMITTEES; ADOPT. ING AND STANDARDIZING PROCE. DURES FOR CITIZENS' ADVISORY COMMISSIONS AND FOR APPOINT. MENTS TO BOARDS, COMMISSIONS AND COMMITTEES; DELETING RE. DUNDANT TOWN CODE PROVI. SIONS RELATING TO THE PLANNING COMMISSION. BOARD OF ADJUST. MENT AND SPECIAL COMMITTEES; AMENDING MARANA TOWN CODE TITLE 2 BY REPLACING SECTION 2 6 2 AND DELETING CHAPTERS 2 7. 28 AND 2 9: AMENDING THE MARANA LAND DEVELOPMENT CODE BY MODIFYING SECTIONS 02.02.01 AND 02.02.02 AND DELETING SECTION 02.03.05; AND DECLARING AN EMERGENCY. WHEREAS a consistent orocedure tor appointment of members to the various Town boards. commissions and com- mittees is in the best interest of the Town of Marana: and WHER EAS elimination of duplications In the Marana Town Code (specifically. in Town Code Titie 2 and the Town Land Development Code, which is in the process of being reformatted into Town Code Title 17) will eliminate reo dunaancy, confusion and potential mis- Interpretation. NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 2 6 1 and the title of existing Chapter 2 6 of the Marana Town Code are hereby revised as fol- iows (with deletions shown with ~. QI.It:;; and additions shown with ~ .uru1er1i.nirJg) : Chapter 2-6 SPECIAL AND STAND- ING BOARDS, COMMISSIONS AND COMMrrrEES Section 2-6-1 Creation and dissolu. tiQn a.. The council may create and dissolve those soecial and standing boards. commissions or committees as it deems necessary upon a majority vote of the council, except as otherwise provided in this code or as required by statute. SUnless alreadv Drescribed elsewhere in the aoolicable law the motion or resolution creatine a board commission or committee shall describe its Dowers and plJrnose and eRt::!.hlish the numher and Qualifications of its membershio C The motion or resolution creatlno a !mecial board commission or commit~ tee mav orovide for its dissolution after a Defiod of time or UOO" comoletion of its assianed task. o The board commission or committee shall exercise its Dowers and nuroose with re!=iDect to matters within or aftect- ina the jurisdictional boundaries of the town unless the motion or resolution creatinG the board commission or com- mittee oravides otherwise. SECTION 2. Section 2 6 2 of the Marana Town Code is hereby deleted and replaced with the following new Sections 2 6 2 through 2 6 5: Section 2 6-2 Application, recom- mendation, appointment and removal A Vacancies on new and existing citi- zen boards, committees and commis- sions shall be announced on the town's internet web site with an open invitation soliciting applications from interested citizens. Additional notices may be pub- iished and posted as directed by the town manager. B. The town clerk shall receive citizen applications for a minimum of ten work. Ing days after the announcement first appears on the town's internet web site. C. No more trian twenty days after the announcement first appears on the town's internet web site. the town clerk shall forward all applications to the town manager. D. The town manager andlor one or more Individuals appointed by the town manager shall review the applications. investigate the qualifications of the ap- plicants, and make a recommendation to the town council concerning the ap. pointment. E. The town council shall receive the applications and the recommendation at a reguiarly scheduied public meeting not more than thirty days after the town manager's receipt of the applications. The town clerK shall mail each citizen applicant notice cf the public meeting concerning the appointment. F. At the pubiic meeting concerning the appointment. the town council may do one or more of the follOWing: 1. Interview one or more applicants ei- ther in public or in an executive session scheduled for that purpose. 2. Make one or more appointments. 3. Order the solicitation of additionai ap- plications. 4. Take applications trom the audience. 5. Receive nominations from members of the town council. 6. Take any other action it deems ap- propriate. G. Citizen members of boards, commit- tees and commissions shall serve with- out compensation, except tor reim- bursement of town-approved necessary and reasonabie expenses Incurred in accomplishing the purposes of the board committee or commiSSIon. H. A ';'ember of any board, committee or commission may be removed from office with or witriout cause by a major. ity vote of the entire membership of the town council Section 2 6 3 Terms of office All terms of office for boards, commis. sions and committees shall be for four years, except that the initial terms of of. fice of any new board, commission or committee shall be staggered so that the terms of no more than a simple ma. jority of members ends every two years. Section 2 6 4 Modification by motion or resolution The town council may by motion or resoiution modify any of the procedures set forth in this chapter where it deems appropriate for a particular vacancy, board, commission or committee. Section 2 6 5 Applicability of this chapter Except as they may later be modified by motion or resolution pursuant to section 2 6 4. the procedures set forth in this Chapter shall appiy to all new or existing boards, commissions and committees. SECTION 3. Existing Chapters 2 7 ("SPECIAL COMMITTEES"). 2 8 ("PLANNING AND ZONING COMMIS- SION") and 29 ("BOARD OF ADJUST- MENT") of the Marana Town Code are hereby deleted in their entirety. SECTION 4. Existing Sections 02.02.01 and 02.02.02 of the Town of Marana Land Development Code are hereby re- vised as follows (with deletions shown with ~ and additions shown with double underiininol: 02.02.01 Establishment and Compo- sition A. The Town Council ....f tke T ....Wn ....f ~ hereby creates a Planning Commission to consist of seven \IQliQQ. members Clnri ....n.o oCl.v~..-..ffi,..in rTlOrTIn.or ,..k.....~.o.., f,.;rTI "'rnnl"lg tno rTl.o,.,.,horC" ....f thoCl. T....uln ''''''''''In,,;1 Tho rooCl.,/O,... "oel,I.,... ,.,.,oCl.......... hoCl.r~ ....+ the Dl",nnine """'rn,.,.,i~ci....n ~r.olf bIil. appointed by H..o ""Cll"..r IA/ith tho .......n. ...w...o.l the Town Council from among the qualified electors of the Town. IWl. rT'IQ,.,.,horc:- ~hClII h.o C"olo"to" ulitn....l!t rQ_ gor" tn p",liti...~1 ."ffilioti,.,,... Clnn ro;"<:ItI ~O""/O ',uith"'llt ,......,.,.,p.o....C"Clti....,.., oCl.v...opt f....r th.o ,.oCl.i,.,.,hltrcerTIoCl.,..,+ ....f ne"oC"C'~~' Clnn ,.oClC"....n.,hloCl. oCl.VpoCl.I"I~oC' in"I,...,.erl in <:I....~ ....,.,,..,..,pliC"kin2 tnoCl. p'lt:p....eec ....f th.o ....I"'I""~ micei".... p,.n\,irloCl.rI C"I ,,,.., oCl.vp.oncoC" h<:l./.o neen "'PP"I"'I\'oCl.l"l in ~""n,.l"l...n"oCl. uliti--.th"" T....."/n'c ~in~n"i.,,: Prn,....oI"l'I,.oC" n,.rl,_ """"'"" P ToCl.r,.,.,,,....4 lltFi"e Cilling....f \'Of"ClM,..;OC' o,..,rl 00,..........,"', Tho toCl.,.,.,.,C" ,.,~ ,..,#i...e ,...4 ~he "rr\\ul'"l ,..........11.......;' "'A 00.,.,., her l"let'iQMCltoCl.l"l t,.., ~O"\l.o '"IC" the, nv ....Hi"in ......e,.,., ho,. ....f thoCl. PIClnning r....,.,.,,.,.,ic~'inl'"l C"h~ll "nr,.oC"pnnrl tr hi... toCl.nll,.e nf nffl"oCl. <:1(" CI ""'o,.,.,hor nf tno T"",,,, ("'nl'........;I ThoCl. toCl.,.,..,..,(" ,.,f ....tfi"oCl. fnr tne '=lp:,ninti\lo roCl.gIlIClI'" l"'r'\oCl.,.....ho...c n4 tho D!~l'lnin:; ....."I"'r'\,.,.,iC"C"tnn ~h,;:,11 he> C"iv ~/O~"<' \/.,,....,........i.,,,, .,,.....1 !,.,.;n: ,.,tkOnotfC"e th~n th,.....,lg.., the. ovpir~ti....n .....4 t.o,.rTlC" t'h~lI no fiHol'"l t->r ':=lpp....intl"noCl.nt n)f the f.."ol,,,r ",ith thoCl. .......I"IC"ont ....f tf10 Tn'~ln r....lln,...jJ Peglllor ,.,.,oWlhcrC"....f tho DI':=ln_ ning r"""'rTlicC"inn ""'~l' ho I".o,.,.,n"on f,.,..,.,., nffi,.."" ....,;tf1nllt ,.....IIC"C>. n~, ~ rTI'""j....,.it~' \Inte .....~ the entire ........crTInorchip 1"4 the 'Tn,Mn ~ 02.02.02 Organization The Planning Commission shall bio..bl' "'pp-'"'intl"l'\.ot"!t nf the T.....A/I'"I ..........111'"11";1. ItC" ""'oCl.,.,.,nor~hip C"n",lt consist of a Chalrper~ son. a Vlce-Chairperson,.aM..~ T \iC ....the.. \I.....tin~ rTle,.,.,hoCl.,.-=- ~nl"l "ne oCl.V ,..,ffi,..j,.., moCl.mhoCl.r ,..f1nt'on frnrn "'......nnQ the l"I'\emnoCl.rC" ,.,4 the T....,HT'" r....lln,..;I. The Commission shall adopt rules for its own organization and for the transaction of its bUSiness., ~ ~ rules shall not.bll..lll conflict with other sections of thiS Code or other Ordinances of the Town of Marana or with the laws of the State 01 Anzona SECTION 5. Section 02.03.05 of the Town 01 Marana Land Development Code is hereby deleted. SECTION 6 IT IS FURTHER OR- DAINED that, since it is necessary for the preservation of the peace, health and safely of the Town of Marana that this ordinance become immediately ef- fective. an emergency is hereby de. clared to exist, and this ordinance shall be effective immediately upon its pas- sage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of September, 2006. _Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM:_ Frank Cassidy, Town Attorney PUBLISH: The Daily Territorial September 11, 12, 13, 14, 2006 pnord2006.25 o.t