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HomeMy WebLinkAbout10/07/2014 Special Council Meeting Minutes�0W N . �F 9 MARANA 7 SPECIAL COUNCIL MEETING MINUTES 115 5 5 W. Civic Center Drive, Marana, Arizona 85653 Board Room., Marana Municipal Complex Tuesday, October 7, 2014, at or after 6: PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McG orray, Council Member Roxanne Ziegler, Council Member SPECIAL COUNCIL MELTING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:01 p.m. Records Administrator, Hilary Hiser called roll. Vice Mayor Post and Council Member McGorray were excused. All other Council Members were present, constituting a quorum. DISCUSSIONIPOSSIBLE ACTION D1: Relating to open Meeting Law; presentation and discussion regarding the Arizona Open Meeting Law, A.R.S. § 3 -431 et seq. Mayor Honea introduced guest speaker Susan Goodwin of Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C. Ms. Goodwin started her presentation by briefly explaining how she determined the Council violated the opening meeting law via email. Ms. Goodwin's involvement in this matter was at the request of the Town Attorney, Frank Cassidy and her recommendation for training is to help the Council avoid accidental violations of the law in the future. Ms. Goodwin said she did not find evidence of Council Members crafting agreements, but rather proposing legal action in a quorum setting with four or more Council Members emailed. Ms. Goodwin stated her training focuses specifically on serial meetings and emails, which are common types of violations. She did emphasize that most violations of the law are unintentional. Ms. Goodwin reminded the Council Members that when a quorum is present outside of a scheduled meeting, with an agenda, and the members discuss Town business that constitutes a violation of the open meeting law because the members are in an informal meeting. A serial meeting occurs when Council Members discuss or propose items related to Town October 7, 2014 Special Council Meeting; Minutes business with less than a quorum present and then continue to have smaller meetings with less than a quorum present to discuss or propose the same Town business. Ms. Goodwin explained that when emailing council members regarding Town business, Council Members should remember what constitutes a quorum and also determine if the content is fact based or opinion based. Ms. Goodwin warned that Council Members can provide facts to other members, but expressing opinions regarding those facts is a slippery slop towards proposing legal action and might be considered a violation of the open meeting law. Ms. Goodwin suggested that during conversations with colleagues, Council Members not to express an opinion regarding Town business because that opinion might lead to a proposal in the future. Nis. Goodwin briefly touched on the use of social media by elected officials. If the Council Member has more than a quorum of Council Members as friends, Ms. Goodwin suggested that Council Members with private Facebook pages avoid making comments regarding Town business. Although this might not be a direct violation of the open meeting law, she cautioned this might become a violation of the law in the future. Ms. Goodwin insisted that social media participation by Council Members should only be for personal use and not a platform for Town business. Finally, Ms. Goodwin concluded her presentation by reviewing the protocol for Council Members attending other open public meetings as a quorum. If Council Members attend a meeting where a quorum is present, that attendance needs a courtesy quorum notice and members should not discuss or propose information related to Town business while at that meeting. Mayor Honea indicated that these restrictions appear to prevent any meaningful conversation regarding Town business. Ms. Goodwin responded that Council Members can participate in events and other meetings, but cannot discuss Town business that might result in a future proposal during these events. Ms. Goodwin emphasized that Council Members need to remember what constitutes a quorum during informal engagements. Ms. Goodwin also cautioned that the Town Manager must be careful not to reveal to other Council Members what the opinions or possible leanings are of their colleagues. Ms. Goodwin acknowledged that the open meeting law does present some limitations, but does not prevent discussion by Council Members. Council Member Ziegler stated that her accidental violation of the open meeting law with her email was a mistake and she is deeply regretful for any harm it has caused. However, she did express frustration and hurt regarding the manner in which Town management handled the situation. Council Member Ziegler did indicate that she would be more diligent in reviewing how many Council Members she emails at a time and will be sure not respond with opinions that might be misinterpreted. Mr. Cassidy addressed Council Member Ziegler's comments and reminded the Council that when an open meeting law violation occurs, the Town must correct the violation quickly to ensure the future integrity of all Council decisions post violation. The Town is able to minimize October 7, 2014 Special Council Meeting Minutes 2 an possible dama from the mistake b openl addressin the actual violation and presentin it in a public forum. Council Member Kai indicated his personal opinion of Council Member Zie did not diminish and he still has respect for her, but believes the Council can onl become stron with this t of trainin Council Member Bowen expressed concern that some settin like a stud session, do not help to full illustrate an issue. He understands the constraints the Council faces re the open meetin law, but is unclear about the proper methods to obtain the more detailed and nuanced information re for makin an informed decision. Ms. Goodwin acknowled the open meetin law is not cr clear and there is g re y area to its interpretation and application. She advised that it is safer to err on the side of caution and assume an issue will come before council. Ms. Goodwin a emphasized that Council Members can have one-on-one conversations with the Town Mana for back and histor related to a project, but must limit their conversations with other Council Members to avoid an accidental violation of the law. ADJOURNMENT. Motion to adjourn at 6:47p.m. b Council Member Kai, second' provided b Council Member Bowen. Passed unanimousl 5-0. CERTIFICATION I hereb certif that the fore are the true and correct minutes of the Marana Town Council meetin held on October 7, 2014. 1 further certif that a q uorum was present. �-�1au� � 1�cser Jocel Bronson Town erk MRNA MIZO October 7, 2014 Special Council Meetin Minutes