ARTICLE 2-4
Council Procedure

Section

2-4-1    Open meetings

2-4-2    Regular meetings

2-4-3    Recessed meeting

2-4-4    Special meetings

2-4-5    Executive sessions

2-4-6    Council work sessions

2-4-7    Public hearings

2-4-8    Quorum; attendance of Council members; attendance of officers

2-4-9    Agenda; order of business

2-4-10    Voting

2-4-11    Boards, committees and commissions

2-4-12    Suspension of rules

2-4-1 OPEN MEETINGS.

All meetings of the Council shall be called, noticed and conducted in accordance with the Open Meetings Law of the State of Arizona being A.R.S. §§ 38-431 through 38-431.09.

(Prior Code, § 2-4-1)

2-4-2 REGULAR MEETINGS.

Except as otherwise provided herein, regular meetings of the Council shall be held on the second and fourth Mondays of each month beginning at 6:00 p.m. at the Goodyear Justice Center, 185 N 145th Avenue, Goodyear, Arizona. The Council may, by motion, cancel or reschedule any meeting, change the meeting time, and/or change the meeting location. Notice of a change of any meeting place, date or time shall be given as required by law.

(Prior Code, § 2-4-2) (Am. Ord. 97-595, passed --; Am. Ord. 01-756, passed 5-2-2001; Am. Ord. 02-784, passed 1-28-2002; Am. Ord. 03-860, passed 8-11-2003; Am. Ord. 11-1251, passed 12-12-2011)

2-4-3 RECESSED MEETING.

A recessed meeting is the continuation of a regular or special meeting that is recessed prior to adjournment; the date, time and place of the resumption of the meeting shall be announced prior to such recess.

(Prior Code, § 2-4-3) (Am. Ord. 11-1251, passed 12-12-2011)

2-4-4 SPECIAL MEETINGS.

Special meetings may be called as provided in Charter, Article II, Section 17.

(Prior Code, § 2-4-4)

2-4-5 EXECUTIVE SESSIONS.

Executive sessions of the Council shall be subject to call and notice as provided in the open meetings law. An executive session may be held before, during or after a regular or special meeting of the Council or at such other time as the Council shall determine.

(Prior Code, § 2-4-5) (Am. Ord. 11-1251, passed 12-12-2011)

2-4-6 COUNCIL WORK SESSIONS.

The Council may convene work sessions at such times and at such places as it may find convenient subject to the open meetings law. The business to be considered shall be stated in the notice, and no formal action shall be taken on any matter considered at a work session.

(Prior Code, § 2-4-6)

2-4-7 PUBLIC HEARINGS.

The Council may call a public hearing to receive evidence on any matter properly before it. A public hearing shall be subject to the open meetings law and may be held before, during or after a meeting of the Council or at such other time as the Council may deem expedient. The agenda for a public hearing shall be in substantially the form specified in § 2-4-9.

(Prior Code, § 2-4-7)

2-4-8 QUORUM; ATTENDANCE OF COUNCIL MEMBERS; ATTENDANCE OF OFFICERS.

(A) A quorum shall consist of a majority of the members of the Council, which includes the Mayor.

(B) All members of the Council, including the Mayor, are expected to be in attendance at all meetings of the Council unless excused for good cause. In the absence of a quorum, the meeting shall not be held, and the City Clerk shall announce the date of the next meeting, which may be on a date other than the next regularly scheduled meeting.

(C) The City Manager shall attend all meetings of the Council unless excused and shall have the right to be heard, shall present recommendations of the administration to the Council and shall provide information on city business to the Council as may be requested.

(D) The City Attorney shall attend all meetings of the Council unless excused and shall give opinions on questions of law on matters pertaining to city business. The City Attorney shall act as parliamentarian to the Council.

(E) The City Clerk shall attend all meetings of the Council unless excused, shall keep the official journal of the Council and perform such other duties as may be requested by the Council.

(F) The Council may require the attendance at any meeting of any other officer or employee of the city with respect to matters within that person’s competence regarding the affairs of the city.

(Prior Code, § 2-4-8) (Am. Ord. 11-1251, passed 12-12-2011)

2-4-9 AGENDA; ORDER OF BUSINESS.

(A) Except in the event of an actual emergency, an agenda shall be prepared prior to each meeting of the Council and shall be posted not less than 24 hours prior to the meeting on a bulletin board adjacent to the front entrance to City Hall. The agenda shall state the nature of the business to come before the Council, the action recommended and, for ordinances and resolutions, the number and title thereof.

(B) The agenda for a regular meeting shall follow substantially the following form:

(1) Call to order;

(2) Pledge of allegiance/invocation;

(3) Roll call;

(4) Communications;

(5) Citizen comment and appearances from the floor;

(6) Consent agenda, when applicable;

(7) Business requiring Council action;

(8) Information items;

(9) Future meetings;

(10) Adjournment.

(C) The agenda for a special meeting shall follow substantially the following form:

(1) Call to order;

(2) Pledge of allegiance/invocation, unless special meeting follows regular meeting at which pledge and invocation are made;

(3) Roll call;

(4) Business requiring Council action;

(5) Adjournment.

(D) The agenda for a work session shall follow substantially the following form:

(1) Call to order;

(2) Pledge of allegiance/invocation, unless work session follows regular meeting at which pledge and invocation are made;

(3) Roll call;

(4) Agenda items;

(5) Information items;

(6) Adjournment.

(E) The agenda for public hearings, whether called as part of a Council meeting or scheduled separately, shall follow substantially the following form:

(1) Open hearing;

(2) Presentation of issue;

(3) Receive public comment;

(4) Close hearing.

(F) At any regular meeting of the Mayor and Council, the City Clerk shall at the instruction of the City Manager place within the agenda an agenda of matters for the Mayor and Council to act on as a consent agenda. The City Clerk shall read by title only all consent agenda matters, and the Mayor and Council shall vote upon all matters contained within the consent agenda by a single roll call vote of all those present at the meeting entitled to vote. Any matter may be removed from the consent agenda and considered as a singular item upon the request of the Mayor or any member of the Council or any member of the public in attendance at the meeting.

(Prior Code, § 2-4-9) (Am. Ord. 92-451, passed 1-14-1992; Am. Ord. 11-1251, passed 12-12-2011)

2-4-10 VOTING.

(A) Except as otherwise provided, votes shall be on ayes and nays or by mechanical vote; provided, however, that on the request of any member a roll call shall be taken.

(1) Final action on ordinances and resolutions shall be by roll call vote.

(2) Notwithstanding the general requirement that votes be by yea or nay, in cases where applicable law expressly permits the city to approve or to disapprove or to take no position on a particular matter submitted for consideration, any motion made for action on that matter shall be presented in such form as will permit Council members to vote by stating one of the following:

(a) Recommend approval;

(b) Recommend disapproval;

(c) No recommendation.

If a majority of those present and voting indicate recommend approval, the action will be deemed approved. If a majority of those present and voting indicate recommend disapproval, the action will be deemed disapproved. Unless a majority of those present and voting indicate approval or disapproval, the Council will be deemed to have voted no recommendation.

(B) The Mayor shall vote as a member of the Council.

(C) Neither the Mayor nor members of Council shall abstain from voting except on matters involving the consideration of his or her own official conduct or in such matters as he or she may have a conflict of interest as defined by state law. In all other cases, a vote of aye or nay must be cast. Should the Mayor or members of Council fail to vote when such vote is required, a vote will be presumed and will be counted in favor of the majority vote on the issue or, in the event of a tie vote, the vote will counted as a nay vote.

(D) In the event the Mayor or a Council member abstains from voting, the basis for the abstention shall be declared on the record. If the abstention is based on the existence of a conflict of interest as defined by state law, the abstaining member shall disclose the specific interest that requires the member to abstain from voting.

(Prior Code, § 2-4-10) (Am. Ord. 99-678, passed - -; Am. Ord. 11-1251, passed 12-12-2011)

2-4-11 BOARDS, COMMITTEES AND COMMISSIONS.

The Council may create such boards, committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and perform such duties as the Council may require and shall exist at the pleasure of the Council.

(Prior Code, § 2-4-11)

2-4-12 SUSPENSION OF RULES.

Any of the provisions of this article may be temporarily suspended in connection with any matter under consideration by a recorded vote of three fourths of the members present; provided, however, that this section shall not be construed to permit any action contrary to law.

(Prior Code, § 2-4-12)