Chapter 2.15
COUNCIL PROCEDURE

Sections:

2.15.010    Regular and special council meetings.

2.15.020    Meetings to be public.

2.15.030    Quorum.

2.15.040    Agenda.

2.15.050    Consent agenda.

2.15.060    Proceedings of the town council.

2.15.070    Discussion and voting procedure.

2.15.080    Rules of order.

2.15.090    Suspension of rules.

Prior legislation: Ord. 1994-01.

2.15.010 Regular and special council meetings.

A. The council shall hold its regular meetings on the second Monday of each month and the fourth Monday of each month; provided, that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal holiday or election day, the meeting shall be held on the next succeeding day which is not a holiday, unless otherwise set by action of the council.

B. The mayor may convene the council at any time by notifying the members of the council of the date, hour and purpose of such special meeting. The mayor, or the clerk upon the written request of three members of the council, shall convene the council at any time by notifying the members of the council of the date, hour and purpose of such special meeting. [Ord. 2009-16 § 1; Ord. 2006-06 § 4; Ord. 2001-06; Ord. 1996-09; Ord. 1995-10; prior code § 2-4-1.]

2.15.020 Meetings to be public.

All proceedings of the council shall be open to the public, except that, upon approval by a majority vote of the council, the council may meet in a closed executive session pursuant to the provisions of state law. [Ord. 1995-10; prior code § 2-4-2.]

2.15.030 Quorum.

No action shall be taken unless a quorum is present. A majority of the council members in office shall constitute a quorum for transacting business, but a lesser number may adjourn from time to time to a specific date and hour. [Ord. 1995-10; prior code § 2-4-3.]

2.15.040 Agenda.

Prior to each council meeting, or on or before a time fixed by the council for preparation and distribution of an agenda, the town clerk shall collect all written reports, communications, ordinances, resolutions, contracts and other documents to be submitted to the council. The mayor will place any item, which is timely requested by a council member, on the agenda. The mayor will prepare an agenda in consultation with the manager, and the town clerk shall furnish each council member, the manager and the town attorney with a copy of the agenda and other necessary reports and materials together with a copy of the minutes of the last preceding council meeting. [Ord. 2007-16 § 1; Ord. 2000-09 § 1; Ord. 1995-10; prior code § 2-4-4.]

2.15.050 Consent agenda.

A. When any item of business requires action by the council, but is of a routine and noncontroversial nature, such item may be presented at a regular meeting of the council as part of a consent agenda.

B. The consent agenda shall be introduced by a motion “to approve the consent agenda” and shall be considered by the council as a single item.

C. There shall be no debate or discussion by any member of the council regarding any item on the consent agenda beyond asking questions for simple clarification.

D. Items which require a public hearing or which have been noticed as a public hearing may not be placed on the consent agenda.

E. Upon objection by any member of the council to inclusion of any item on the consent agenda, that item shall be removed from the consent agenda forthwith. Such objection may be recorded at any time prior to the taking of a vote on the motion to approve the consent agenda. All such items shall be considered individually, in the order in which they were objected to, immediately following consideration of the consent agenda. [Ord. 1995-10; prior code § 2-4-5.]

2.15.060 Proceedings of the town council.

A. Call to Order. The mayor shall take the chair at the hour appointed for the meeting and shall call the council to order. In the absence of the mayor, the vice mayor shall call the council to order. In the absence of both the mayor and vice mayor, the clerk shall call the council to order and an acting mayor shall be selected to chair the meeting. Upon the arrival of the mayor or the vice mayor, the vice mayor or the acting mayor shall immediately relinquish the chair upon the conclusion of the business immediately before the council. The mayor shall preserve order and decorum and decide all questions of order and conduct.

B. Call to the Public. Pursuant to ARS 38.431 et seq., only issues upon which the town council could lawfully act at a future meeting may be raised during the call to the public. Petitions, remonstrances, communications, comments or suggestions from citizens present shall be heard by the council. All such remarks shall be addressed to the council as a whole, and not to any member thereof. Such remarks shall be limited to five minutes unless additional time is granted by the mayor. No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer. No question shall be asked a council member except through the presiding officer. At the conclusion of call to the public, individual members of the council may respond to criticism made by those who have addressed the council, council may ask staff to review the matter or may ask that the matter be placed on a future agenda. [Ord. 2007-16 § 2.]

2.15.070 Discussion and voting procedure.

A. Each council member has a responsibility for compliance with ARS 38-501 et seq., concerning conflicts of interest. Any member of the council who believes he or she has a conflict of interest shall, immediately upon determining that a conflict exists, declare the conflict of interest and explain the basis for the conflict. That council member may then leave the room and shall refrain from taking any part in the meeting, discussion, consideration or determination of that issue. If that issue is not resolved at that meeting, that council member shall not discuss the matter with any other council member until the matter is finally resolved. The member who declared the conflict may return to his or her seat when that agenda item is completed. The temporary absence of a council member due to a conflict of interest shall not affect the determination of a quorum.

B. In the event a person in the audience wishes to address the council on an issue on the agenda which is not a public hearing, the mayor may permit the person to speak or may present the request to the council. If a majority of the council wishes to hear from the public on the issue, that person shall

be permitted to speak; however, any such public address shall be limited to five minutes per person and as otherwise restricted by the mayor or council. Written communications which were delivered to the mayor prior to the agenda item being called will be read into the record or a copy shall be delivered to each council member.

C. Any person who makes impertinent or slanderous remarks, becomes boisterous while addressing the council, or interferes with the order of business before the council, and who fails upon request of the mayor to cease such activity shall be barred from further audience before the council for the remainder of that meeting unless permission to continue is granted by a majority vote of the council.

D. The mayor shall vote as a member of the town council.

E. The mayor shall ask council members to designate their individual votes by announcing “aye” or “nay.” If, prior to the vote or after the vote, any council member requests a roll call vote, the clerk shall call roll, and each council member shall state his or her vote aloud. Unless a member of the council declares a conflict of interest, his or her silence shall be recorded as an affirmative vote.

F. The vote of a council member who abstains from voting on a particular issue shall be counted as a vote against the motion unless the council member declares a conflict of interest on that particular issue. A motion passes if it receives more affirmative votes than the combined number of votes against the motion plus the number of abstaining votes that count as votes against the motion. In the case of a tie in votes on any motion, the motion shall be considered lost. [Ord. 2001-04; Ord. 1995-10; prior code § 2-4-7.]

2.15.080 Rules of order.

The mayor shall act as parliamentarian of all regular and special council meetings, and shall decide on disagreements with respect to the application of rules of order. The mayor’s ruling shall be final unless the council affirmatively votes to proceed under rules differing from those rules set by the mayor. [Ord. 1995-10; prior code § 2-4-8.]

2.15.090 Suspension of rules.

Any of the provisions of this chapter may be temporarily suspended in connection with any matter under consideration by a recorded vote of three-fourths of the members present, except that this section shall not be construed to permit any action that is contrary to state statutes. [Ord. 1995-10; prior code § 2-4-9.]