Chapter 2.04 TOWN COUNCIL ORGANIZATION AND PROCEDURE

Arizona Revised Statutes Section 9-234 provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. (Ord. 07-305 § 2 (part))

2.04.020 Regular meetings.

A. All meetings of the Council shall be open to the public, unless closed pursuant to state law.

B. The Council should hold regular meetings on the first and third Thursdays of each month, with the regular meeting commencing at 6:00 p.m. at the Town Council Chambers, located at 325 W. White Mountain Blvd., Lakeside, Arizona, except in December when only one (1) meeting will be held; provided, that the Town Council may hold regular and special meetings at other times and places upon giving proper and legal notice; provided, that when the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal holiday, such meeting shall be held at the same hour on the day preceding the holiday, unless another date and/or time is designated.

C. Any meeting of the Council may be adjourned to a later date and time; provided, that no adjournment shall be for a longer period than until the next regular meeting.

D. The Mayor may, when necessary, change the time and place of the regular meeting. The Mayor shall set forth the reasons necessitating such change in writing. The reasons for the change shall be published once in the Town newspaper at least twenty-four (24) hours prior to the meeting to be held pursuant to the change. Twenty-four (24) hours prior to the meeting to be held pursuant to such change, the Town Clerk shall give each Council member written notice, personally or by email, of any change from the regular meeting days established by this section.

E. Except for properly called executive sessions as permitted by state law, all regular meetings of the Town Council and its committees shall be open to the public, including the media, freely subject to recording by radio, television and photography at any time; provided, that such arrangements do not interfere with the orderly conduct of the meetings under such rules as the Council may prescribe.

F. The Council may provide for a "call to the public" at its regular meetings and at special meetings when approved by the Mayor. (Amended by town October 2020: Ord. 12-364; Ord. 07-305 § 2 (part); Ord. 91-89 § 1)

2.04.030 Special meetings.

A. The Mayor or three (3) members of the Council may call special meetings of the Council whenever in their opinion the public business may require it by contacting the Town Manager.

B. Whenever a special meeting shall be called, a notice in writing signed by the Mayor or at least three (3) Council members shall be filed with the Town Clerk, with a copy to the Town Manager, and shall also be served upon each member of the Council either in person or by email, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted at the meeting except such as is stated in the notice and agenda. Special meetings shall not provide for a call to the public except when authorized by the Mayor.

C. No special meeting shall be held until at least twenty-four (24) hours after the notice has been served except in cases of emergency. (Amended by town October 2020: Ord. 07-305 § 2 (part))

2.04.040 Work sessions.

A. The Council may meet informally in work sessions which shall be open to the general public, at the call of the Mayor or of any three (3) members of the Council, to review forthcoming programs of the Town, receive progress reports on current programs or projects, review items on the same or upcoming agendas, hear the Town Manager’s or Council Committee’s reports, or receive other similar information from the Town Manager; provided, that no Council action may be taken and that all discussions and conclusions thereon shall be informal.

B. Work sessions shall not continue past one (1) hour of their starting time unless the majority of those Council members present choose to continue. No call to the public shall be scheduled during work sessions. (Ord. 07-305 § 2 (part))

2.04.050 Executive sessions.

Executive sessions or closed meetings may be held in accordance with the provisions of the State Open Meeting Laws. (Ord. 07-305 § 2 (part))

2.04.060 Emergency meetings.

As provided in Arizona Revised Statutes, the Mayor or three (3) Council members may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice twenty-four (24) hours or more before the meeting. Notice of an emergency meeting of the Mayor and Council will be posted within twenty-four (24) hours following the holding of an emergency meeting. The notice will include the agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a call to the public. (Ord. 07-305 § 2 (part))

2.04.070 Council packet preparation.

In order to provide the Town Council with information packets for adequate review prior to Council meetings, it is required that any item being requested to be placed on the Council agenda, including the supporting information, be submitted to the Town Clerk by 5:00 p.m. eight (8) days prior to the Council meeting. The Town Clerk will prepare the agenda and packets with information provided and will deliver the packets to the Council members by 5:00 p.m. at least six (6) days preceding the Council meeting. (Ord. 07-305 § 2 (part))

2.04.080 Public notice – Posting agendas.

Public notice of all meetings of the Town Council shall be accomplished by posting an agenda of the matters to be discussed or decided at the meeting in accordance with Arizona Revised Statutes, Title 38, Chapter 3, Article 3.1, as amended. The agenda shall list the time and place for each meeting, and shall be posted at least twenty-four (24) hours in advance of each Town Council meeting; except that in cases of actual emergency, the Town Council may meet without such public notice as authorized by Arizona Revised Statutes, Title 38, Chapter 3, Article 3.1, as amended. The agenda will be posted in the kiosk outside the Town Offices, 325 W. White Mountain Blvd., Lakeside, Arizona, and at both the Pinetop Post Office and the Lakeside Post Office. The Town Clerk shall post all public notices on the Town’s Internet website and shall give additional public notice as is reasonable and practicable as to all meetings. (Amended by town October 2020: Ord. 07-305 § 2 (part))

2.04.090 Minutes.

A. All regular and special meetings and work sessions shall be recorded. The recordings of the meetings shall be maintained in the Office of the Town Clerk. The Town Clerk will transcribe the minutes of these meetings in writing for approval by the Town Council. Once the written minutes of meetings have been approved by the Town Council, the recordings shall be retained for an additional three (3) months after which time they will be disposed of. The written minutes shall reflect:

1. The date, time and place of the meeting or session;

2. The members recorded as either present or absent;

3. A general description of all matters proposed, discussed or decided; and

4. A record of any votes taken.

B. Approval of minutes of all but closed meetings or executive sessions shall be considered at the next regular Council meeting. It shall not be necessary to read the minutes prior to approval. Such minutes may be revised by the Clerk to correct spelling, numbering and other such technical defects at any time before Council approval. Prior to approval, any Council member may, through the Mayor, request the privilege of amending or correcting the minutes to accurately reflect the substance of the prior meeting. If objection is made by any Council member to such amendment or correction, a majority vote of the Council shall be necessary for adoption of the correction or amendment. (Ord. 07-305 § 2 (part))

2.04.100 Mayor – Election and duties.

A. The presiding officer of the Council shall be the Mayor. The Mayor of the Town of Pinetop-Lakeside shall be directly elected by the qualified electors of the Town beginning with the general election of the Town in November 2022. Any candidate for Mayor receiving a majority of all votes cast at the primary election in 2022 will be declared elected as of the date of the general election without running at the general election. The term of the office of the Mayor shall be four (4) years. The Vice Mayor shall be elected every other year at the first meeting in June after the newly elected Council is seated by the Council members, from their membership.

B. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council and confine Council members and others in debates to the question under discussion.

C. The Mayor shall announce each agenda item to be considered and shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order.

D. The Mayor may make motions and seconds to motions, and shall vote on all questions.

E. The Mayor shall sign all ordinances and resolutions adopted by the Council during his/her presence. In the event of the absence of the Mayor, the Vice Mayor shall sign ordinances or resolutions as then adopted. The Town Clerk shall attest all such signatures on ordinances and resolutions, and the Town Attorney shall approve them as to form.

F. The Vice Mayor shall preside in the absence of the Mayor.

G. In the absence of the Mayor and Vice Mayor, the Council may call any other member to temporarily chair the meeting in order to take part in debate, to make a motion, or to cover a temporary absence. Such substitution shall not continue if the Mayor or Vice Mayor returns to preside over the meeting nor beyond adjournment.

H. The Mayor, in consultation with the Town Manager, will set the agendas. (Ord. 20-426 § 1; Ord. 16-400 § 2; Ord. 07-305 § 2 (part))

2.04.110 Call to order.

A. The Mayor or Vice Mayor, in the Mayor’s absence, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order.

B. In the absence of the Mayor or Vice Mayor, the Town Clerk, or his/her assistant, shall call the Council to order, whereupon a temporary chair shall be elected by the members of the Council then present.

C. Upon the arrival of the Mayor or Vice Mayor, the temporary chair shall immediately relinquish the position of presiding officer upon the conclusion of the agenda item or business immediately before the Council. (Ord. 07-305 § 2 (part))

2.04.120 Attendance by teleconference.

The Council may permit members to attend by teleconference in accordance with A.R.S. § 38-431 which permits attendance by technological devices, when such members are outside Navajo County, Arizona, on the date and time of the meeting. However, attendance by teleconference shall only be permitted when each and every Council member is able to hear the other members of the Council as well as other information presented by Town staff or the public. (Ord. 07-305 § 2 (part))

2.04.130 Quorum.

A majority of the members of the Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance shall be named and shall adjourn to a later time. (Ord. 07-305 § 2 (part))

2.04.140 Order of business.

Promptly at the hour set by law on the day of each regular meeting, the members of the Council shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order:

A. Ascertainment of quorum.

B. Pledge of allegiance.

C. Invocation.

D. Consent agenda – Approval of minutes of previous meeting – Approval of expenditures and/or the check register.

E. Business before the Council or the Board of Adjustment.

F. Report of officers/boards/committees.

G. Current events by Town Manager.

H. Adjournment. (Ord. 07-305 § 2 (part))

2.04.150 Agenda.

A. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council for consideration shall be delivered to the Town Clerk at least eight (8) days prior to each Council meeting, whereupon the Town Clerk shall immediately arrange a list of such matters through the Town Manager according to the order of business and furnish each member of the Council, the Town Attorney and Town Manager with a copy of the same at least six (6) days, but no less than twenty-four (24) hours prior to the Council meeting and as far in advance of the meeting as time for preparation will permit.

B. None of the foregoing matters shall be presented to the Council by administrative officials except those of an urgent nature, and the same, when so presented, shall have the approval of the Mayor before presentation.

C. Consent Agenda.

1. The consent agenda lists items that are of such a nature that discussion is not required, or concern issues that have been previously studied by the Town Council. These items may be adopted by one (1) motion.

2. There is no detailed discussion on items listed under the consent agenda, unless a member of the Town Council requests that an item or items be removed for discussion. Council members may ask questions without removal of the item from the consent agenda.

3. Items removed from the consent agenda are considered in their normal sequence as listed on the agenda, unless called out of sequence as provided for herein.

D. Executive Sessions. The Mayor, Town Manager, and Town Attorney shall review the submittal for executive session discussion, prior to submission to the Town Clerk, to ensure that the item is legally permissible to be discussed in executive session pursuant to A.R.S. § 38-431.03. (Ord. 07-305 § 2 (part))

2.04.160 Public hearings.

A. Generally public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order:

1. The Mayor will announce the agenda item as a public hearing, and ask staff to provide a short summary of the matter.

2. The Mayor will then ask the applicant to speak on their application if they so desire.

3. At the conclusion of the staff report and/or presentation by the applicant, the Mayor may allow for comments from the public.

4. After all public comments are heard, the Mayor may ask staff or the applicant to respond to the comments.

5. The Mayor may then close the public hearing and call for a motion and second (if applicable) and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter.

6. Upon conclusion of the Council discussion, the Mayor will call for action on the motion.

B. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony to not more than five (5) minutes per individual. Upon approval of the Town Council, persons may be allowed to speak longer than five (5) minutes. Council members may ask the individual speaker questions, and the speaker may respond.

C. Exhibits, letters, petitions, and other documentary items presented or shown to the Town Council at a public hearing item become part of the record of the public hearing. Twelve (12) collated sets of written or graphic materials should be provided by the speaker twenty-four (24) hours prior to the commencement of the hearing to allow for distribution to the Town Council, Town staff, and a copy for the Town Clerk to include in the public record of the hearing.

D. Quasi-judicial hearings, as when hearing appeals, shall be conducted in accordance with principles of due process, and the Town Attorney shall advise the Town Council in this regard. (Ord. 07-305 § 2 (part))

2.04.170 Rules of debate.

A. The Mayor, or such other member of the Council as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council member by reason of acting as the presiding officer.

B. Every member desiring to speak shall address the chair, and, upon resignation by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

C. A member, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order is determined, and, if in order, he shall be permitted to proceed.

D. The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

E. A motion to reconsider any action taken by the Council may be made only at the meeting such action was taken. Such motion must be made by one (1) of the prevailing side, but may be seconded by any member, and may be made at anytime and have precedence over all other motions or while a member has the floor; it shall be debatable. This shall not be construed to prevent the Council from amending or changing action on a similar item or topic at a subsequent meeting of the Council. (Ord. 07-305 § 2 (part))

2.04.180 Addressing the Council.

Any person desiring to address the Council by oral communication shall fill out a request to address the Council form and be recognized and called upon to speak by the Mayor when and if appropriate. The purpose of all public comments is to provide information and the speaker’s views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience, or members of the Council. The Council may question the speakers, any applicant’s representatives, or Town staff. Except when answering a direct question from a Council member, all remarks will be addressed to the Mayor and Council as a body, and not to individual members of the Council. (Ord. 07-305 § 2 (part))

2.04.190 Manner of addressing the Council – Time limit.

A. Each person addressing the Council shall step up to the microphone at the podium, shall give his/her name and place of residence in an audible tone of voice for the record, and unless further time is granted by the Mayor shall limit his/her address to three (3) minutes for call to the public matters and five (5) minutes for business items on the agenda.

B. All remarks shall be addressed to the Mayor and Council as a body and not to any member thereof.

C. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor.

D. No question shall be asked a Council member except through the Mayor.

E. Time limit may be waived or extended by majority of the Town Council. (Ord. 07-305 § 2 (part))

2.04.200 Silence constitutes affirmative vote.

Unless a member of the Council states that he/she is not voting, his/her silence in failing to respond to the call for a vote shall be recorded as an affirmative vote. (Ord. 07-305 § 2 (part))

2.04.210 Decorum.

A. Proper decorum must be observed by speakers in providing testimony and remarks. In the event of any delay, interruption, or interference, the Mayor will have the disruptive person(s) removed from the Council chambers.

B. During a Council meeting, no person shall engage in conduct by conversation, laughter, applause, stamping of feet, or other conduct which delays, interrupts, or otherwise interferes with the proceedings or the peace of the Council. In the event of any such delay, interruption, or interference, the Mayor will have the disruptive person(s) removed from the Council chambers.

C. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Mayor. Once at the podium, the speaker shall clearly state his or her name for the record, and shall remain at the podium unless excused or given permission by the Mayor to leave the podium. An accommodation will be made for those individuals whose physical limitations prohibit them from accessing the podium area. Any handouts the speaker wishes to present to the Town Council which have not been provided in advance of the meeting shall be given to the Town Clerk for review by the Town Council at a later time unless otherwise directed by the Mayor. Twelve (12) collated sets of written or graphic materials should be provided by the speaker prior to the commencement of the hearing to allow for distribution to the Town Council, Town staff, and a copy for the Town Clerk to include in the public record of the hearing.

D. The Mayor shall keep control of the meeting, and require that the speakers refrain from abusive or profane remarks, disruptive outburst, protests, or other conduct which disrupts or interferes with the orderly conduct of the business of the meeting.

E. Personal attacks on Council members, Town staff or members of the public shall not be allowed. Oral communications during the Town Council meeting may not be used to lodge charges or complaints against any employee of the Town, regardless of whether such employee is identified in the presentation by name or by other reference which tends to identify the employee. Any such charges or complaints against employees shall be submitted during normal business hours to the Town Manager for appropriate action.

F. It is inappropriate to utilize the public hearing or other agenda item for the purpose of making political speeches, including threats of political action.

G. After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council unless permission is granted by the Mayor. (Ord. 07-305 § 2 (part))

2.04.220 Enforcement of decorum.

A. The Chief of Police, or such member or members of the Police Department as he may designate, or other person designated by the Mayor if no police officer be present, shall be Sergeant-at-Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Mayor for the purpose of maintaining order and decorum at the Council meeting.

B. Upon instructions of the Mayor, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of Town Code Chapter 1.20, the complaint to be signed by the Mayor. (Ord. 07-305 § 2 (part))

2.04.230 Council members may explain a "no" vote.

Council members shall have the right to have the reasons for his/her "no" vote or dissent from any action of the Council entered in the minutes during the discussion and vote of any agenda item. (Ord. 07-305 § 2 (part))

2.04.240 Ordinances, resolutions, motions and contracts.

A. All ordinances, resolutions, and contract documents shall be prepared or approved by the Town Attorney and the Town Manager or his/her designee. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Town Manager, or prepared by the Town Attorney or Town Manager on his/her own initiative.

B. Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, Town Attorney, or Town Manager.

C. The Town Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Council six (6) days, but no less than twenty-four (24) hours, before the Council meeting at which the ordinance is to be introduced.

D. All ordinances shall have one (1) reading.

E. The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Council.

F. In the event of a tie in votes on any motion, the motion shall be considered not passed.

G. Upon passage, a number shall be assigned to each ordinance or resolution by the Town Clerk.

H. When passed by the Council, an ordinance shall be signed by the Mayor, be attested by the Town Clerk, and approved by the Town Attorney; and it shall be immediately filed and thereafter preserved in the office of the Town Clerk.

I. Any three (3) members of the Town Council may request the Mayor or Town Manager to have prepared proposed ordinance(s) with such ordinance(s) to be placed on the agenda of the next scheduled Council meeting, provided the ordinance(s) can be drafted and distributed to members of the Council in accordance with time schedules set forth in subsection C of this section.

J. Any member of the Town Council may request written legal opinions, relating to Town business, from the Town Manager.

K. Upon receiving requests for a proposed ordinance or a written legal opinion, the Town Manager shall forthwith request same from the Town Attorney; and upon return receipt thereof, the Town Manager shall forthwith cause to have distributed the subject ordinance or written legal opinion to all members of the Council so that all members of the Council may be fully informed of the status of Town affairs.

L. Any member of the Council may, for purposes of inquiry, request verbal opinions or advice on Town legal matters directly from the Town Attorney. The Town Attorney will distribute or report his/her response to such inquiries to the entire Council and the Town Manager except with respect to inquiries made about conflicts of interest or private legal matters to which confidentiality is required by law.

M. Emergency ordinances may be used to take action required by resolution or ordinance in a timely fashion. No actual emergency is called for or required. Use of the emergency clause may be warranted when urgency calls for immediate action, as the thirty (30) day period can stop commercial deals, cost the Town money, or create unnecessary risk of litigation. (Ord. 07-305 § 2 (part))

2.04.250 Reports and resolutions to be filed with clerk.

All reports and resolutions shall be filed with the Clerk and entered in the minutes. (Ord. 07-305 § 2 (part))

2.04.260 Adjournment.

Unless the Council votes to adjourn a meeting, the Council meeting will be adjourned by the Mayor when the business of the Town Council has been completed. (Ord. 07-305 § 2 (part))

2.04.280 Creation of committees, boards and commissions.

A. The Council may create or reconvene committees, boards, and commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify not inconsistent with the Town Code.

B. Membership and selection of members shall be as provided by the Council if not specified by the Town Code.

C. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council.

D. No committee so appointed shall have powers other than advisory to the Council or the Town Manager except as otherwise specified by the Town Code. (Ord. 07-305 § 2 (part))

2.04.290 Suspension and amendment of these rules.

A. Any provision of these rules not governed by the Town Code may be temporarily suspended by a majority vote of the Council. The vote on any such suspension shall be taken by yeas and nays and entered upon the record.

B. These rules may be amended, or new rules adopted, by a majority vote of all members of the Council; provided, that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. (Ord. 07-305 § 2 (part))