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HomeMy WebLinkAbout2020 12.02 PRC AgendaParks & Recreation Commission City of Apache Junction, Arizona Agenda Meeting Location: City Council Chambers at City Hall 300 E Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov P: (480) 983-2181 City Council Chambers6:00 PMWednesday, December 2, 2020 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Acceptance of Agenda 20-634 December 2, 2020 5.Acceptance of Minutes 20-635 November 4, 2020 6.Parks and Recreation Director's Report The Director or those individuals designated by the Director may present information pertinent to items under consideration or information related to the operation of the department. 20-639 Facilities Update - Director's update on projects and opportunities in the parks and other service areas. 20-641 Programs Update - Director's Update on upcoming events and activities 7.Old Business 8.New Business Page 1 City of Apache Junction, Arizona Printed on 12/9/2025 December 2, 2020Parks & Recreation Commission Agenda 20-642 City Attorney Annual Update Update, review and discussion of 2020 Code of Conduct, Conflicts of Interest Law, Open Meeting Law, Parliamentary Procedure and Public Record Law. Sponsors:Joel Stern _CODE OF CONDUCT 2020 _CONFLICTS OF INTEREST LAW 2020 _OPEN MEETING LAW 2020 _PARLIAMENTARY PROCEDURE 2020 _PUBLIC RECORD LAW 2020 Attachments: 20-643 Update on State Trust Land Auction State Trust LandAttachments: 9.Call to Public Arizona Open Meeting Law allows individuals to address Commission on any issue within the jurisdiction of the Commission. Commission may not answer your questions or discuss your comments at this time. However, at the conclusion of Call to the Public, Commission may do any of the following: 1) respond to criticism made by any individual who addresses the Commission; 2) ask staff to review a matter; 3) ask staff to place the matter on a future agenda. Commission shall not discuss or take legal action on matters raised at Call to the Public unless the matters have been properly noticed for discussion and legal action. Please stand, approach the podium microphone and state your name and address after being called to speak. There is a three (3) minute time limit per speaker. 10.Requests for Future Agenda Items At this time Parks and Recreation commissioners or Parks and Recreation staff members are given the opportunity to suggest a topic or topics to be added to the next or any subsequent agenda of the Parks and Recreation Commission. No discussion of the topics suggested are to take place at this time 11.Adjournment The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617 or TDD (480) 983-0095. Page 2 City of Apache Junction, Arizona Printed on 12/9/2025 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-634 Agenda Item No. Agenda Date: 12/2/2020 Sponsor: In Control: Parks & Recreation CommissionIndex: December 2, 2020 Page 1 City of Apache Junction, Arizona Printed on 12/9/2025 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-635 Agenda Item No. Agenda Date: 12/2/2020 Sponsor: In Control: Parks & Recreation CommissionIndex: November 4, 2020 Page 1 City of Apache Junction, Arizona Printed on 12/9/2025 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-639 Agenda Item No. Agenda Date: 12/2/2020 Sponsor: In Control: Parks & Recreation CommissionIndex: Facilities Update - Director's update on projects and opportunities in the parks and other service areas. Page 1 City of Apache Junction, Arizona Printed on 12/9/2025 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-641 Agenda Date: 12/2/2020 Sponsor: In Control: Parks & Recreation CommissionIndex: Programs Update - Director's Update on upcoming events and activities Page 1 City of Apache Junction, Arizona Printed on 12/9/2025 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-642 Agenda Date: 12/2/2020 Sponsor: Joel Stern In Control: Parks & Recreation CommissionIndex: City Attorney Annual Update Update, review and discussion of 2020 Code of Conduct, Conflicts of Interest Law, Open Meeting Law, Parliamentary Procedure and Public Record Law. Page 1 City of Apache Junction, Arizona Printed on 12/9/2025 REVISED September 2020 COUNCIL, BOARDS AND COMMISSIONS CODE OF CONDUCT Public trust is built on the actions of elected and appointed board and commission officials (“members”). Residents gain confidence when members act fairly and honestly in their decision making. Common sense guidelines assist the ability of members to perform their duties with the highest standards of personal ethics, integrity, fairness and impartiality. Members should observe the following standards and in instances where they are not observed, it is incumbent upon the mayor and board or commission chairperson to refresh their recollection of such guidelines: SECTION 1: ACT IN THE PUBLIC INTEREST The common goal of the city should always be first priority and not furthering private or personal interests. Equal treatment of all persons should be the order of the day. Anyone with an actual, reasonably perceived or potential conflict of interest should recuse themselves from those items involving the conflict. SECTION 2: COMPLY WITH THE LAW Members should always act in accordance with federal and state law and city ordinances, to include, for example, open meeting, conflicts of interest, public records, election and financial disclosure laws. SECTION 3: PROFESSIONAL CONDUCT Members shall conduct themselves above reproach and shall avoid even the appearance of impropriety. They should never act on a matter where: 1) their impartiality might reasonably be questioned; 2) they have a personal bias or prejudice concerning a party or representatives thereof, a staff member or members of the public who support or oppose a party; or 3) they have personal knowledge of facts that are in dispute that would not be known by staff or the public at large. The question is whether their impartiality might be questioned from the perspective of a reasonable person. 2 SECTION 4: PUBLIC MEETINGS AND DUE PROCESS a) Members should always perform their duties with due process in mind so the public has a meaningful ability to observe the proceedings and participate in public hearings. b) Members should come to meetings fully prepared after reading the public packet, listen courteously and attentively to all discussions, and focus on the business at hand. Members should not interrupt speakers who have the floor, nor should they make personal comments or interfere with the orderly progression of meetings. c) Members should always be fair, objective and respectful at meetings and on social media, letters to the editor (“LTE”), articles or in other public communications. Members should allow questions posed to specific individuals to be answered first by those individuals. If the individual does not have the answer, then the mayor or chairperson may ask if others know the answer. d) Members should show great respect for the chair and always seek recognition before speaking, which practice will set the example for those who want to speak and will contribute to orderliness of meetings. To enhance the flow or discussion at work or study sessions, it is permissible for the mayor or board and commission chairpersons to be flexible on recognition formalities. e) The chair shall not allow speakers to address the audience and they should be instructed to address only the public body when making comments. SECTION 5: ADVOCACY a) Members do not lose their First Amendment rights by virtue of becoming a member. However, when they decide to engage in social media, LTE, articles or other public statements, they must not hold themselves out as being associated with the city and they shall explicitly advise that their views do not necessarily reflect the views of the city or the majority of the public body. b) Members shall refrain from attempting to influence other member positions unless such communications and discussions are heard in public at a regularly scheduled public meeting. Members may advocate political positions or participate in political activities in their personal capacities as long as they do not identify themselves as representatives of the city. 3 SECTION 6: NON-INTERFERENCE WITH AND TREATMENT OF STAFF Members should observe the council/manager form of government and should not interfere with the administrative function of staff nor impair the ability of staff to implement council policies. Members may however discuss with staff significant projects if they need clarification on processes or need additional information. SECTION 7: GIFTS, FAVORS OR OTHER BENEFITS Gifts, favors or other benefits shall never be accepted by members to avoid even the appearance of impropriety. This includes event tickets, admission costs, meals, products, memorabilia and travel and lodging accommodations, but not de minimis tokens of appreciation such as pens, pins and plaques. SECTION 8: MEETING DISTRACTIONS a) Electronic devices at meetings may be used to conduct the business at hand, however, if a family emergency or a personal matter arises and the means of communication is a personal device, it is recommended the member excuse themself from the dais to handle the matter. b) Members should be aware that nonverbal body language is viewable by the audience, and may indicate their opinion, or be in reaction to comments from another member or speaker. SECTION 9: INFLUENCING ELECTIONS No member shall attempt to influence an election using their elected or appointed status nor shall use public facilities, public meetings or staff to accomplish such act. SECTION 10: COMMUNICATION WITH LITIGANTS Members should use caution while communicating with litigants or their representatives during any pending lawsuits against the city. However, social graces such as waving or exchanging pleasantries may be extended. SECTION 11: CRITICISM OF STAFF Any criticism of staff by members shall be forwarded to the city manager and shall not take place in public. Staff should always be treated as professionals by members, especially in public. 4 SECTION 12: ATTENDANCE AT MEETINGS If an appointed member knows they will be unable to attend a meeting, they should notify the respective staff designee assigned to the particular board or commission and/or the chairperson of the respective board or commission. SECTION 13: GENERAL RULES OF DECORUM Members shall at all times avoid engaging in personal attacks, be polite to speakers regardless of any adverse positions, treat the public and staff with respect, dress professionally, actively listen without diversions (i.e. no sidebar communications of any sort, no disrespectful or rude use of electronic devices, and no eating at the dais unless there is a medical need for immediate nutrition). SECTION 14: INCOMPATIBILITY OF OFFICE Members shall not serve on other boards and commissions with conflicting duties; incompatibility of office depends on individual duties required of each position and members should consult with the city attorney for a determination if there is a concern. SECTION 15: QUASI-JUDICIAL CAPACITIES Conditional use permit council appeals and board of adjustment hearings are both considered “quasi-judicial”, meaning members act in a judicial appellate capacity at those meetings. In all such cases, members should not communicate outside the public meeting parameters with any applicant or their representatives nor should they provide opinions, comments or support on social media relative to the case or issues at hand. SECTION 16: LEGAL TRAINING All members shall at the first available opportunity, complete any formal training offered by staff, including but not limited to any legal or city attorney sponsored training. SECTION 17: STAFF RECOMMENDATIONS Members should not take staff recommendations lightly. Staff personnel are specialists in their area and have come before the public body in their capacity after years of study and experience. The recommendations of staff are typically and technically correct. Members may however ask for clarification or further explanation if there is some confusion on staff positions/recommendations. REVISED September 2020 CONFLICT OF INTEREST LAW I. OBJECT AND PURPOSE The object of the conflict of interest statute is to remove or limit the possibility of personal influence which might bear upon a public official’s decision. See Yetman v. Naumana, 16 Ariz. App. 314, 317 492 P.2d 1252, 1255 (1972). The purpose is to prevent self-dealing by public officials and public employees. The financial interests of public officials or employees must not conflict with the unbiased performance of their public duties. One cannot serve two masters with conflicting interests. See Maucher v. City of Eloy, 145 Ariz. 335, 701 P.2d (1985). II. SUBSTANTIAL INTEREST CONFLICT A public official or employee who has, or whose relative has, a non-speculative, non- remote, substantial interest in a public body’s decision, contract, sale, purchase or service, shall make known the substantial interest in the official records of the public agency and shall not participate in or influence the decision, vote, contract, sale, purchase or service. See A.R.S. § 38-503(A). Even negligence in failing to comply with this conflict of interest law can trigger serious consequences. See e.g. A.R.S. § 38-510(A)(2), where reckless/negligent violations are considered to be a class one misdemeanor. A public officer or employee therefore has an obligation to become aware of their interests and those of their relatives. A “substantial interest” is a non- speculative, non-remote, pecuniary or proprietary interest, either direct or indirect, by which a person will gain or lose something that is not abstract. General sympathy, feeling or bias is not pecuniary or proprietary. See Hughes v. Jorgenson, 203 Ariz. 71, 50 P.3d 821 (2002). See also Yetman, supra. III. THE “CITY PROVIDER” CONFLICT General Rule (A.R.S. § 38-503(C)(1)). A conflict of interest exists any time a public officer or employee supplies goods or services to their public entity, not pursuant to public competitive bidding. Exception (A.R.S. § 38-503(C)(2)). An exception to this rule exists if the goods or services are valued at less than $300 for a single transaction, with a maximum aggregate for all transactions of $1,000 annually. 2 IV. THE SELF-DEALING CONFLICT General Rule (A.R.S. §§ 38-504 and 38-505). A public officer or employee shall not: A) represent another person for compensation before a public agency during their tenure, or within 12 months afterwards, concerning any matter in which they were directly involved or concerned; B) disclose or use for personal profit, during or within 2 years after leaving office, confidential information that they became aware of while a public officer or employee; C) use or attempt to use their official position to secure any valuable thing or benefit from that which would not normally accrue to them in the performance of their official duties, the benefit being of such a character as to manifest a substantial or improper influence upon them with respect to their duties (i.e. benefiting donor rather than the public good); D) receive or agree to receive, directly or indirectly, any additional compensation for any service in connection with any matter pending before them. V. WHY SHOULD ANYBODY CARE? Potential consequences for violating the law include: A) criminal penalties for knowingly or intentionally violating the law, a class 6 felony punishable by prison time and a maximum fine of $150,000 ; negligent or reckless violation, a class 1 misdemeanor punishable by a maximum of 6 months jail, a fine of $2,500 plus penalties and assessments, 3 years probation, and other orders deemed appropriate by the court. See A.R.S. § 38-510. B) forfeiture of public office or public employment, contract cancellation (3 year window pursuant to A.R.S. 38-511(A)) and assessed attorney fees and costs (inclusive of fee or commissions paid in furtherance of the contract under A.R.S. § 38-511(E)). C) private citizen lawsuits alleging violation of civil rights. 3 D) criminal felony (class 5) and forfeiture of public office for making or being interested in contracts or becoming a vendor/purchaser in public contracts. (See A.R.S. § 38-447). VI. REMOTE INTEREST EXCEPTIONS (A.R.S. § 38-502) The following are considered “remote interests”, and would not prohibit the public official/relative/employee from being involved in the decision, contract, purchase, sale or service: A) non-salaried employees of a nonprofit organization. B) landlord/tenants of a contracting party. C) attorneys of a contracting party. D) non-profit cooperative marketing associations. E) insignificant stock ownerships (3% or less of total shares, with income less than 5% of total dividends and other payments from the corporation which are less than 5% of the total annual income from the corporation). F) reimbursement of expenses. G) recipients of public services generally provided to others by city. H) interests of other agencies. I) public school board members when relatives are not a dependent or spouse. J) class interests (if member of trade, business, profession or other class of persons consisting of at least 10 or more members with which no greater interest than that of other class members). K) relative who is an employee of any business or government entity that employs at least 25 employees in Arizona who do not have nor assert management/budget decision making authority or control. L) ownership of any publicly traded investments that are held in an account or fund, including mutual fund, managed by one or more qualified 4 investment professionals who are not employed or controlled by the officer or employee and that the officer or employee owns shares or interests together with other investors. VII. WHAT SHOULD THE PUBLIC OFFICER DO IF HE OR SHE BELIEVES A CONFLICT OF INTEREST EXISTS? A) Obtain a written opinion from the city attorney. No public officer is personally liable for acts done in their official capacity i f good faith reliance on written conflict of interest opinions of the city attorney. (See A.R.S. § 38-446, Immunity from personal liability). B) Disclose and withdraw. Once the conflict has been determined to exist, the public officer shall: 1) declare such conflict publicly; 2) leave the room and not vote on the decision nor influence other decision makers on the vote; and 3) not be a party to the contract, sale, purchase or service which is at issue. CAUTION: A conflict of interest should never be used to escape accountability on a vote, to avoid taking a stand on a controversial issue, or appease an unfounded or unpopular public perception. VIII. CANCELLATION OF CONTRACTS The city or any of its departments or agencies may cancel within three years after execution any contract without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating a contract or any extension thereof, is an employer or agent of any party to the contract in any capacity or a is consultant to any party of the contract with respect to the subject matter of the contract. In addition, any fees or commissions incurred may be recouped. NOTE: The cancellation clause under A.R.S. § 38-511(A) became the center of controversy some years ago in the Glendale/Phoenix Coyotes Arena deal where a former employee of Glendale was hired by the Phoenix Coyotes. The court ruled that due to the employee having worked on the Phoenix Coyote Arena deal and then being hired by the Coyotes, a portion of the contract was struck down as null and void. See Ice Arizona Manager Co., LLC v. City of Glendale, et als. (Maricopa County Superior Court, circa 2015). IX. REMOVAL FROM APPOINTED OFFICE For appointed commission and board members, they serve at the pleasure of the mayor and city council and may be removed with or without cause any time during 5 their appointed terms. While it is unlikely removal would be pursued “without cause”, here are some viable “for cause” reasons: A) violation of the open meeting law or code of conduct B) violation of oath C) more than three unexcused absences from meetings D) conflict of interest violations E) rude, abusive, slanderous or disrespectful behavior directed at public, staff or city council and applicants and their representatives F) using title for personal purposes or to influence an election G) fraud, collusion, coercion and evidence of bias against or for an applicant or staff member H) committing violent acts I) inefficiency J) neglect of duty or malfeasance in office X. DEFINITIONS A) “compensation”: money, any tangible thing of value, or a financial benefit. B) “employee”: any person employed by an incorporated city or town, a political subdivision of the state or any of its departments, boards, commissions, or agencies (inclusive of counties and school districts), whether full-time, part-time, contracted, or who otherwise agrees to some compensation in exchange for performing some function for the government. C) “made” or “make known”: the filing of a paper which is signed by a public officer or employee and which fully discloses a substantial interest, or the filing of a copy of the official minutes of a public agency which fully discloses a substantial interest pursuant to A.R.S. § 38-509. 6 D) “official records”: the minutes or papers, records or documents maintained by a public agency for the specific purpose of receiving disclosures of substantial interests required to be made known. E) “pecuniary interest”: an interest by which a person will gain or lose something, as contrasted to general sympathy or bias. F) “public agency”: all courts, departments, agencies, boards, commissions, institutions, instrumentality or legislative or administrative body of the state, county, an incorporated city, town or any other political subdivisions (inclusive of counties and school districts). G) “public officer”: any elected and appointed individual of a public agency established by charter, ordinance, resolution, state constitution or statute, any member of an advisory commission, board, council or committee, regardless of whether they are paid for their services. H) “relative”: any individual within two degrees of kinship, including spouse, child, child’s child, parent, grandparent, brother or sister of whole or half blood and their spouses, and the parent, brother, sister or child of a spouse. I) “substantial interest”: any non-speculative, pecuniary or proprietary interest, either director indirect, other than a remote interest. XI. MISCELLANEOUS A) State anti-nepotism statute: It is a class 2 misdemeanor under A.R.S. § 38-481 for a legislative, executive, ministerial or judicial officer to appoint or vote for appointment of any person related to him or her by affinity or consanguinity within three degrees to any clerkship, office, position, employment or duty in any department of the state, district, county, city or municipal government of which such legislative, executive, ministerial or judicial officer is a member, which involves the payment of government funds. B) City nepotism personnel rule: 1) Under Apache Junction Personnel Rules, Rule 4, § 6, individuals cannot be hired employees who are related to a current employee by blood or marriage (parent, spouse, child, grand parent, grand child, brother, sister (of 7 the half as well as whole), uncle, aunt, niece, nephew, 1st cousin, mother-in- law, father-in-law, sister-in-law, or brother-in-law) if one of the employees is in a supervisory chain with the other; and 2) No person, by blood or marriage as noted above, related to a councilmember, city manager, city attorney, magistrate judge, or department head, may be appointed to any city employment positon. REVISED Sept. 2020 OPEN MEETING LAW I. PUBLIC POLICY It is the public policy 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. (See A.R.S. § 38-431.09). The open meeting law (“OML”) was first enacted in 1962 and its purpose is to open the conduct of the business of government to the scrutiny of the public and to ban decisions made in secret. (See Karol v. Board of Education Trustees, 122 Ariz. 95, 593 P.2d 649 (1979)). All meetings of a public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action shall occur in public. (See A.R.S. § 38-431.01). II. WHY SHOULD ANYBODY CARE? Potential consequences for violating the law include: A) nullification of action taken B) enforcement actions by attorney general/county attorney with a penalty for those who knowingly violate the open meetings law and those who aid in the violation in an equitable amount a superior court deems appropriate, $500 for second and $2,500 for third and subsequent violations C) personal liability for attorney fees and costs D) removal from public office E) recalls F) embarrassment to city/elected officials/staff III. WHEN DOES THE OPEN MEETING LAW APPLY? The open meeting law applies to meetings when there is a quorum present of a public body. IV. DEFINITIONS A) “advisory committee” or “subcommittee”: any entity that is officially established and whose members have been appointed for the specific purpose 2 of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by a public body. B) “executive session”: a gathering of a quorum of members of a public body from which the public is excluded for one or more of the reasons prescribed in A.R.S. § 38-431.03. C) “legal action”: a collective decision, commitment or promise made by a public body pursuant to the constitution, bylaws or specified scope of appointment and the laws of the state. (See A.R.S. § 38-431(3)). D) “meeting”: the gathering, in person or through technological devices, via internet or other online medium, of a quorum of members of a public body at which they discuss, propose, or take legal action including any discussions, deliberations or considerations, consultations that may foreseeably require final action or a final decision by the public body. (See A.R.S. § 38-431(4)). E- mail, voicemail, telephone communications between members of the public body cannot be used to circumvent the OML. See Ariz. Atty. Gen. Opinion No. I05-004). (CAVEAT: It is not a violation of the law if a member of a public body expresses an opinion or discusses an issue with the public either at a venue other than a meeting that is subject to Title 38, personally, through the media or other form of public broadcast communication or through technological means and social media if: 1) the opinion or discussion is not principally directed at or directly given to another member of the public body; and 2) there is no concerted plan to engage in collective deliberation to take legal action. (See A.R.S. § 38-431.09(B); AZ.Atty.Gen.Op. I07-013). E) “public body”: the legislature; political subdivisions including counties, schools, special districts, cities, towns and all boards and commissions of these entities; all quasi-judicial bodies, advisory committees and subcommittees (which are established by the public body or presiding officer tasked with making a recommendation to the public body about a decision or course or conduct). V. NOTICE, EMERGENCY MEETINGS, AGENDA AND MINUTES A) NOTICE General Rule: Notices and agendas for such meetings shall contain information as is reasonably necessary to inform the public of the matters which are being discussed or decided. (See A.R.S. § 38-431.09). 3 Notice of a meeting to the public must be posted on the city’s internet website and in hard copies in designated locations at least 24 hours in advance, excluding non-work days, Saturdays, Sundays and holidays, stating the name of the public body, the date, time and place of the meeting. Notice of the meeting to the members of the public body is also required. (See A.R.S. § 38-431.02) B) EMERGENCY MEETINGS: 1) Emergency meetings may be conducted (less than 24 hour notice is permitted, except in a personnel matter, which still requires a minimum of a 24 hour notice). An “emergency” exists when, due to unforeseen circumstances, immediate action is necessary to avoid some serious consequence that would result from waiting until the required notice could be given. 2) Ratification of an action (must post notice of ratification of a prior action taken in violation of open meeting law at least 72 hours in advance of meeting). 3) Recessed meetings (less than 24 hours notice is permitted for a meeting, which will be recessed to a later date as long as the first meeting was properly noticed). (See A.R.S. § 38-431.02(E)). C) AGENDAS 1) General Rule: In addition to the time, date, and place of the meeting set forth on the notice, the agenda must contain such information as is reasonably necessary to inform the public of th e matters to be discussed or decided. (See A.R.S. §§ 38-431.01 and 38-431.09). The agenda may be made available to the public by including it as part of the public notice or by stating in the public notice how the public may obtain a copy of the agenda. (See A.R.S. § 38-431.02(G)). 2) Order of Agenda: As long as each item to be discussed is specifically described, the public body may dictate in which order each item is to be considered, which may include: executive sessions, the consent agenda, awards, presentations, and current event summaries, city manager’s or director’s report, public hearings, old and new business, direction to staff, selection of 4 times, locations and meetings, information and reports, and call to the public. 3) Call to the Public: Individuals may address the public body on any issue within its jurisdiction and if it is not, the chair may rule the speaker out of order and may order the speaker to stop speaking or be removed from the meeting should the speaker disregard the chair’s ruling on jurisdiction. While members of the public body may not answer questions or discuss comments during call to the public, the public body may do any of the following: a) respond to criticism b) ask staff to review the matter c) ask staff to place the matter on a future agenda The public body shall not discuss or take legal action on matters raised at call to the public unless the matters have been properly noticed for discussion and legal action. (See A.R.S. § 38- 431.01(H)). There is a three (3) minute time limit per speaker at call to the public. (See A.J.C.C. § 2-4-6 (L)). D) MINUTES 1) General Rule. Public bodies shall provide for the taking of written minutes or a recording of all their meetings. Minutes shall include: i) date, time, place of meeting; ii) present or absent notation of members of the public body; iii) a general description of the items considered (verbatim transcript is not required); and iv) an accurate description of all legal actions proposed, discussed or taken including a record of how each member voted, the names of the members who propose each motion, the names of the persons making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented materials. (See A.R.S. § 38- 431.01(B)). 2) Public Inspection. The minutes or recording of a council meeting shall be available for public inspection, three working days after the meeting, and a statement of legal action taken at the meeting shall be 5 posted on the city’s internet website within three working days after the meeting (ten working days for board and commission meetings). Within two working days following approval of the minutes, the city must post approved minutes of its council meetings on its internet website. VI. EXECUTIVE SESSIONS A) ARE ONLY FOR: 1) legal advice 2) pending or contemplated litigation, including discussions involving contract negotiations and settlements 3) confidential records 4) personnel matters including employment, assignment, appointment, promotion, demotion, dismissal, salaries, salary schedules, compensation, discipline and resignation 5) discussions and consultations with Indian tribes, and those relating to international and interstate negotiations 6) discussions and consultations with employee organizations on salaries, salary schedules, or compensation paid in the form of fringe benefits 7) negotiations on the sale, purchase, or lease of real property 8) security plans and associated issues with public facilities 9) school safety plans/programs B) LEGAL ACTION, AGENDAS, MINUTES, AND CONFIDENTIALITY: 1) Final Legal Action. During the executive session, the public body may only discuss, consider and direct its attorney to take legal action. However, the public body must convene in public to vote for binding the public entity on the directed legal action. 2) Agendas and Minutes. The agenda for an executive session must provide more than just a recital of the statutory provisions authorizing the executive session. However, it need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee, or compromise the attorney-client privilege. 6 The minutes of executive sessions must reflect an accurate description of all instructions given during the executive session to attorneys or labor and real estate representatives regarding the public body’s positio n. (See A.R.S. § 38-431.01(C)). 3) Confidentiality. Minutes and all discussions in executive sessions may not be disclosed, except to the following persons: a) any member of the public body that met in the executive session as well as members who did not attend, unless their absence was due to a declared conflict of interest b) any officer, appointee, or employee who was the subject of discussion c) staff personnel, to the extent necessary for them to prepare and maintain the minutes of the executive session d) the attorney for the public body, to the extent necessary for the attorney to represent the public body e) the auditor general involved in an audit of the public body f) the attorney general or county attorney if requested during an official investigation g) a court of law where a violation has been alleged A knowing or intentional confidentiality breach is a class 6 felony and reckless or negligent violation is a class 1 misdemeanor. See A.R.S. § 38-510(A). Either type of violation could also lead to forfeiture of office or employment. (See A.R.S. § 38-510(B)). 4) Who may attend. Only those individuals whose presence is reasonably necessary to carry out executive session responsibilities. (See A.R.S. § 38-431(2)). The mayor or chairperson should remind all present that the business conducted in executive session is confidential pursuant to A.R.S. § 38-431.03(C). VII. CATAGORICAL EXEMPTIONS This OML does not apply to the following: A) any judicial proceeding or any political caucus of the state legislature B) any conference committee of the state legislature, except that they shall be open to the public for observation 7 C) commissions on appellate and trial court appointments and the commission on judicial qualifications D) state board of fingerprinting for central registry determinations and hearings E) medical board discussions on findings and reports relating to physician complaints F) social events where no business of the public body is discussed nor action being taken VIII. PUBLIC PARTICIPATION & ACCESS TO MEETINGS A) While the public must be allowed to attend and listen to deliberations and proceedings taking place in all public meetings, there is no right of the public to participate in the discussion or in the ultimate decision of the public body. (See A.R.S. § 38-431.01(A); Ariz.Atty.Gen.Op. 78-1). B) If a legal action is brought against public speakers to deter or prevent them from exercising their public participation/constitutional rights in a governmental proceeding including, but not limited to, a council, planning and zoning commission and board of adjustment public hearing and is determined by a court of law to have been brought for an improper purpose, including to harass or cause unnecessary delay or needless increase in cost of litigation, damages and attorney fees can be ordered. (See A.R.S. § 12-752) (Arizona’s strategic lawsuits against public participation (“SLAPP”) statute). C) The public may record a meeting as long as such recordation does not interfere with the conduct of the meeting. (See A.R.S. § 38-431.01(F)). The notice and accommodations must conform to the Americans with Disabilities Act (“ADA”) under 42 U.S.C. §§ 12101-12213. REVISED September 2020 PARLIAMENTARY PROCEDURE A) PURPOSE & SOURCE The purpose of parliamentary procedure is to expedite the transaction of city business in an orderly fashion. The phrase dates back to the 16th and 17th centuries in England in the House of Commons and early colonists in America followed the British model in town meetings. President Thomas Jefferson published the first book on parliamentary procedure in 1801 which served as the rules for the U.S. Congress. Henry Martyn Robert (1837 – 1923) (the “Robert” in “Robert’s Rules”) was a U.S. Army officer waterway engineer. He was assigned to go to a church meeting as the presiding officer. Due to his poor performance at the meeting, he developed the first rendition of procedural rules in 1876 formally published as the Pocket Manual of Rules of Order for Deliberative Assemblies (also commonly known as “Robert’s Rules of Order”). Although they have historically been applied more efficiently in private organizations and civic groups, the rules have been adopted by some local governing boards such as Apache Junction. (See Apache Junction City Code, Vol. I, § 2-4-6(A), which requires the mayor to preserve order and decorum at meetings and conduct them pursuant to the parliamentary rules contained in Webster’s New World Robert’s Rules of Order, © 1999, by Robert McConnell, as revised). Any conflict in the rules with state law shall render them unenforceable. The city attorney interprets the rules for the council and its boards and commissions. B) GOALS The rules are designed to meet the following seven goals: 1) Decision making is done by a majority vote. 2) Every member of the voting body has equal rights and privileges to make motions, ask questions, speak and vote. 3) Minority views may be heard and considered. 4) The process is simple and direct. 5) There is a requirement to follow the basic motion rules. 6) Generally, one question at a time is considered. 2 7) Voting members are to be impartial and should seek recognition from the chairperson before speaking and should never make or engage in personal attacks with other members, staff or the public. C) MOTIONS A motion (a proposal to do something) is the way business is conducted by a deliberative group. Generally, in order to make a motion, a voting member of the deliberative group needs to first be recognized as having the floor from the mayor or chairperson. The motion can be made by saying “I move that ______”. A second is required and then the vote can be taken. Typically, it is historical practice for the council and its boards and commissions to first have a discussion before a motion is made, not after the motion is made or after a second. Motions fail if they do not receive a second or if they do not have a majority count after the vote. Elected officials and appointed members cannot abstain from voting unless they declare a conflict of interest. A failure or refusal to vote shall count as a “yes” vote and in the case of a tie vote, a proposed measure shall be considered defeated. A motion to reconsider a vote may only be made by a member who voted on the prevailing side when the vote for the main motion occurred. The motion shall be made at the time immediately after the initial vote, or at the regularly scheduled subsequent meeting; otherwise the ability to reconsider is lost. D) OTHER COMMON MOTIONS AND ACTIONS Making Amendment “I move to amend the motion by ______.” Tabling (indefinite delay) “I move to table the motion ______.” Continuing (temporary delay) “I move to continue this matter until ______.” Recess or break time “I move for a ______ minute recess.” Withdraw “I move to withdraw my motion.” Substitution “I move that the motion be stricken and substituted with the following motion: ______.” Change order of agenda “I move that item #______ be placed before item #______.” 3 Objecting to procedure “Point of order.” E) NOMINATION OF OFFICERS Selection of the chairperson and vice chairperson for boards and commissions and for vice mayor by the council shall be as follows: 1) Chairperson/Mayor calls for a motion to open nominations. 2) Chairperson/Mayor calls for a second. 3) Roll call vote is then taken on motion to open nominations. 4) Chairperson/Mayor calls for nominations. This is where a member, after having been recognized by the chairperson/mayor, has the chance to nominate members for the positions by simply stating “I nominate _____ for the positon of _____.” 5) Chairperson/Mayor calls for any other nominations (must ask three additional times). 6) Chairperson/Mayor calls for motion to close nominations. 7) Chairperson/Mayor calls for a second. 8) Roll call vote is then taken on motion to close nominations. 9) Chairperson/Mayor calls for a motion to approve first person nominated for the position. 10) Chairperson/Mayor calls for a second. 11) Roll call vote is then taken on nomination. If there are multiple motions, whoever gets the most votes at the first instance is nominated for the position. REVISED September 2020 PUBLIC RECORDS LAW I. ARIZONA’S POLICY OF PUBLIC DISCLOSURE (A.R.S. § 39-121) Public records and other matters in the custody of any public officer shall be open to inspection for any person at all times during business hours. See Carlson v. Pima County, 141 Ariz. 487, 491, 687 P.2d 1242, 1246 (1984). The law serves to open government activity to public scrutiny. See Griffis v. Pinal County, 215 Ariz. 1, 4 ¶ 11, 156 P.3d 418, 421 (2007). The core purpose of the law is to allow public access to official records and other governmental information so that the public may monitor the performance of government officials and their employees. Id. Arizona’s Public Records Act (“PRA”) is broader than the Freedom of Information Act (“FOIA”) (see 5 U.S.C. § 522) but “when interpreting the [PRA], it is appropriate to look to FOIA for guidance”. See Phoenix New Times, LLC v. Arpaio, 217 Ariz. 533, 539, ¶ 15, n.3, 177 P.3d 275, 281 (App. Div. I, 2008). II. WHY SHOULD ANYBODY CARE? A person who is denied access to public records could have a cause of action against the officer or public body for any damages resulting from the denial and may appeal the denial through a special action filed in superior court. The court may award attorney fees and other legal costs that are reasonably incurred if the person seeking public records has substantially prevailed in their lawsuit against the government by showing the refusal to disclose or produce the records was done in bad faith. A party may substantially prevail only to the extent an action is necessary to accomplish the purpose of the original public records request. See Paradigm DKD Group, LLC v. Pima County Assessor, 246 Ariz. 429, 439 P.3d 1210 (App. Div. II, 2019). Under A.R.S. § 39-121.02 (B), the trial court has wide latitude to award attorney fees to the prevailing party. See Democratic Party of Pima County v. Ford, 228 Ariz. 545, 269 P.3d 721 (App. Div. II, 2012). A plaintiff seeking attorney fees and costs for a public entity’s failure to produce public records under the PRA may not “prevail” over a governmental entity when the entity ceases to act “adversarialy” toward the requesting party. ACLU v. Department of Child Services, 248 Ariz. 26, 455 P.3d 725 (App. Div. I, 2020); and see also A.R.S. § 39-121.02(B). To prevent such a result, the public body can request a hearing before a judge who can review the documents in camera (in chambers) and can then decide what is appropriate to release or what to block out or “redact”. 2 III. DEFINITION OF A PUBLIC RECORD A) General Definition. Interestingly, the PRA under A.R.S. §§ 39-121 et seq. does not define the term “public records”. However, through case law interpretation and other statutes such as A.R.S. § 41-3150, the term “public records” include: all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media , including electronic computer metadata, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained therein. See Matthews v. Pyle, 75 Ariz. 76, 251 P.2d 893 (1952). The PRA requires public entities and officers to maintain all records, reasonably necessary and appropriate to maintain an accurate knowledge of their official activities and any activities supported by monies of the state or counties, cities and towns, and other municipal organizations. The PRA also requires public officers to disclose “other matters,” including documents held by a public officer in his or her official capacity and in which the public's interest in disclosure outweighs the governmental interest in confidentiality. See Salt River Pima-Maricopa Indian Community v. Rogers, 168 Ariz. 531,539,815 P.2d 900, 908 (1991). B) Prompt Disclosure. Once public records are identified, there is a presumption of disclosure and the burden of overcoming that presumption falls upon the public official who seeks to block access. See Scottsdale Unified Sch. Dist. v. KPNX Broad. Co., 191 Ariz. 297, 300 ¶ 9, 955 P.2d 534, 537 (1998). See Cox Arizona Publications, Inc. v. Collins, 175 Ariz. 11, 14, 852 P.2d 1194, 1197 (1993). Under A.R.S. § 39-121.01(D) and (E), the public entity must “promptly” furnish the public records upon request. See McKee v. Peoria Unified School District, 236 Ariz. 254 (App. Div. I, 2014). Mere inconvenience to staff to service the request does not warrant a delay. The term “promptly” also means: quick to act or do what is required, or without delay. See West Valley View, Inc. v. Maricopa County Sheriff’s Office, 216 Ariz. 225, 165 P.3d 203 (App. Div. I, 2007) (review denied). A rolling disclosure is compliant with the PRA; and “promptness” is based on the particular facts and circumstances. See McKee, supra. (unintentional failure to 3 include a set of notes with a 150 plus page disclosure and quickly correcting the mistake is not bad faith and does not undermine the overal l reasonableness/promptness of the response). Even if the record is available by alternate means, that is not reason to withhold access to review or provide copies. See A.H. Belo Corp. v. Mesa Police Dept., 202 Ariz. 184, 187, 42 P.3d 615, 618 (App. Div. I, 2002). To determine if producing documents poses an unreasonable administrative burden, courts consider whether the general presumption in favor of disclosure is overcome by: 1) the resources and time it will take to locate, compile, and redact the requested materials; 2) the volume of materials requested; and 3) the extent to which compliance with the request will disrupt the agency’s ability to perform its core functions. See Hodai v. City of Tucson, 239 Ariz. 34, 365 P.3d 959 (App. Div. II, 2016). Failure to provide any communication to a requesting party by a governmental entity relating to a PRR and then only providing the documents after the requesting party files a law suit shows a failure in promptly responding. ACLU v. Department of Child Services, supra. C) Exceptions. The open access requirement is subject to: 1) statutory confidential exclusions; 2) privacy interests; and 3) best interests of the state. See Carlson, supra. at 490, 687 P.2d at 1245. Examples of things that do not need to be disclosed include dates of birth, social security numbers, home addresses, phone numbers, medical information, tax records, student records, utility customer information, credit card information, retirement account information, savings/checking account numbers, driver’s license numbers, criminal histories, grand jury transcripts, and photographs of police officers. Information withheld just because it is embarrassing to the city would be contrary to the PRA. See Dunwell v. University of Arizona, 134 Ariz. 504, 508, 657 P.2d 914, 921 (App. Div. II, 1983). IV. WHO CAN OBTAIN PUBLIC RECORDS? Any person may request examination of public records or copies, printouts or photographs thereof during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body’s website to the requesting person. See A.R.S. § 39-121.01(D)(1). A written request is not required by statute but it is encouraged to avoid speculation and ambiguity. V. PUBLIC ENTITIES CAN CHARGE A FEE A) General rule (A.R.S. § 39-121.01(D)(1)). The custodian may require any person requesting a copy of any public record to pay in advance for any 4 copying and postage charges. However, no fee can be charged for inspection of documents. See also Ariz.Op.Atty.Gen. No. I13-012. B) For non-commercial use. A person requesting copies, printouts, or photographs of public records for a non-commercial purpose may be charged a fee for the records in advance. An agency may charge a fee it deems appropriate for copying records, including a reasonable amount for the cost of time, equipment, and personnel used in reproducing copies of records, but not for costs of searching for the records. See A.R.S. § 39-121.01(D); see also Hanania v. City of Tucson, 128 Ariz. 135, 624 P.2d 332 (App. Div. II, 1980); and Atty.Gen.Op. I86-90. However, a victim of a crime cannot be charged for copies of police reports under A.R.S. § 39-127. An agency can charge for reproductions in electronic format. C) For commercial use. Persons requesting reproductions for a commercial purpose as defined under A.R.S. § 39-121.03(A) must provide a statement setting forth the commercial purpose for which the records are requested . The fee can include a reasonable cost for time, materials, equipment and personnel in reproducing the record and value of reproduction. The city can obtain an exemption from the governor not to release the records if it feels disclosure of the records is not in the best interest of the public. Pursuant to A.R.S. § 39- 121.03(D), “commercial purpose” means use of a public record for the purpose of sale or resale, or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale, or the obtaining of names and addresses from public records for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct use of the public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in any judicial or quasi-judicial body. See Primary Consultants, LDC v. Maricopa County Recorder, 210 Ariz. 393, 111 P.3d 435 (App. Div. I, 2005); see also LaWall v. Robertson, 237 Ariz. 495, 353 P.3d 375 (App. Div. I, 2015) (where the court ruled the records do not have to be legally admissible, nor be used for a “specific”, “contemplated” or “pending” action at the time of the request and in the end affirmed the attorney fee award of $30,000). VI. MISCELLANEOUS CASE LAW & AUTHORITIES Offense reports of jail inmates are public records . However, redaction can be made for protected information but charges cannot be made for redactions. See Carlson v. Pima County, supra. 5 Names and résumé’s of applicants in a pool for a public position are not public records, but names and résumés of final candidates for a public position are public records. See Board of Regents v. Phoenix Newspapers, Inc., 167 Ariz. 254, 806 P.2d 348 (1991). A school district could not obtain prospective relief under the PRA to enjoin four individuals from making prospective public records requests without court leave; the requests made by defendants and individuals did not constitute a public nuisance; and the defending individuals were entitled to attorney fees for their successful defense. See Congress Elementary School v. Jean Warren, 227 Ariz. 16 (App. Div. I, 2011) (involving public records requests requiring more than 417 hours to review nearly 9,000 pages of documents). Autopsy reports prepared by county medical examiners are public records for news gathering and cannot be withheld for privacy considerations. See Star Publishing Company v. Parks, 178 Ariz. 604, 875 P.2d 837 (App. Div. I, 1993) (review denied July 6, 1994); however, the privacy interests of survivors must be weighed against the need for public awareness of the government’s performance of its law enforcement functions. See Schoeneweis v. Hammer, 223 Ariz. 169, 175-176, ¶ 23, 221 P.3d 48, 54-55 (App. Div. I, 2009). Additionally, a political consulting firm’s use of voter information in furtherance of its business is not a “commercial purpose”. See Primary Consultants v. Maricopa County Recorder, Id. The PRA does not contain sweeping exemptions for police reports in active, ongoing criminal prosecution, although a balancing scheme might, in particular and in exceptional cases, lead to an exemption of records from disclosure. See Cox Arizona Publishing Inc. v. Collins, Id. Teachers had confidentiality or privacy interest in their birth dates even though the birth dates were available from other public sources. The court held the public interest in disclosure to enable a broadcasting company and reporter to run criminal background checks on teachers was, at best, speculative, and therefore upheld the nondisclosure. See Scottsdale Unified School District No. 48 v. KPNX Broadcasting Co., Id. The City of Mesa Police Department was not required to release an audiotape of a 911 call in which an injured child was heard crying and whimpering to a television station during a tragic and stressful incident. A transcript was released instead, which on balance preserved the child’s privacy. See AH Belo Corp. v. Mesa Police Department, supra. 6 E-mails generated or maintained on a government-owned computer system are not automatically public records as there are privacy issues to be considered. See Griffis v. Pinal County, supra. The electronic version of a computer-based record, including any embedded metadata, is subject to disclosure under public records law, but an agency is not required to create a record. See Lake v. City of Phoenix, 222 Ariz. 547, 218 P.3d 1004 (2009). The best interest of the agency includes the overall interest of the government and the people, whether the release would adversely affect the agency’s mission , and must prove specifically how this adverse affect outweighs the presumption of disclosure. See Phoenix Newspaper Inc., v. Keegan, 201 Ariz. 344, 35 P.3d 105 (App. Div. I, 2001). A promise to keep material confidential is not enough to stop disclosure; this includes clauses in settlement agreements and notice of claims with sexual assault allegations. See PNI v. Ellis, 215 Ariz. 268, 159 P.3d (App. Div. I, 2007); see also Moorehead v. Arnold, 130 Ariz. 503, 637 P.2d 305 (App. 1991). Electronic messages sent via cellphone, text or other social media on either public or private personal devices are subject to public records disclosure under the PRA as long as they have a substantial nexus to government activities. Atty.Gen.Op. No. 117-004CR-15-026, July 7, 2017. Arizona’s PRA requires the government to “query and search its database to identify, retrieve and produce responsive records for inspection” if the agency maintains public records in an electronic database; but agencies are not required to “tally and compile previously untallied and uncompiled information or data available in electronic databases”. Id. Research services also need not be provided. Lunney v. State, 244 Ariz. 170, 418 P.3d 943 (App. Div. I, 2018). There is a privacy interest in home addresses and home phone numbers. Ariz.Atty.Gen.Op. I91-004 (January 4, 1991). An informant’s identity is non-disclosable. Grimm v. Ariz. Bd. of Pardons & Parolees, 115 Ariz. 260, 268-69, 564 P.2d 1227, 1235-36 (1977). Press release requests on an ongoing basis shall be complied with under the Arizona PRA. West Valley View, Inc. v. Maricopa County Sheriff’s Office, Id. 7 A mayor’s security duty records and activity logs were subject to the PRA, as the city could not show a security risk in disclosing them to the a public interest group. Judicial Watch, Inc. v. City of Phoenix, 228 Ariz. 393, 267 P.3d 1185 (App. Div. I, 2011). A news organization had no right of access to investigate reports, files or materials relating to a joint federal/state criminal investigation of an attempted assassination of a Member of Congress (Giffords). The records were not considered public records under Arizona law, A.R.S. § 39-121, et seq. was not applicable to federal law and the records law was outweighed by an interest in protecting defendant’s 6th Amendment right to be tried fairly by an impartial jury. U.S. v. Loughner, 807 F. Supp. 2d 828 (D. Ariz. 2011). Public officials cannot use private electronic devices and social media accounts for the purpose of concealing official conduct. Ariz.Op.Atty.Gen. No. I17-004 (July 7, 2017). Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-643 Agenda Date: 12/2/2020 Sponsor: In Control: Parks & Recreation CommissionIndex: Update on State Trust Land Auction Page 1 City of Apache Junction, Arizona Printed on 12/9/2025 https://youtu.be/e5P7lIWLXrA