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Home My WebLink AboutORD1342ORDINANCE NO. 1342 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 2,MAYOR AND CITY COUNCIL, ARTICLE 2-4,COUNCIL PROCEDURE,SECTION-2-4-6,ORDER OF BUSINESS;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS,the Mayor and City Council have recently been concerned about the location on council agendas of Call to the Public; and WHEREAS, many individuals since October 2007 who spoke at Call to the Public verbally attacked the Mayor,City Council,City Manager,City Attorney and other staff members with defamatory statements; and WHEREAS, the Mayor and City Council acknowledge the original intent of Call to the Public was to allow citizens to express their opinions related to City business; and WHEREAS, .another concern of the Mayor and City Council is that if numerous people speak at Call to the Public, City business is delayed; and WHEREAS, the Mayor and City Council find that it is in the best interest of the community to move the Call to the Public portion of the agenda to immediately before the Adjournment portion of the •agenda and not broadcast Call to the Public on the cable television channel or the Internet,but allow anyone to file a public records request for the content of such speeches. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I GENERAL The Apache Junction City Code,Volume I, Chapter 2,Mayor and City Council,Article 2-4,Council Procedure,Section 2-4-6 Order of Business is hereby amended to read as follows: Section 2-4-6 Order of Business The business of the council shall be considered, numbered on the agenda and disposed of in the order listed below.However, the council may change the order at the discretion of the mayor. ORDINANCE NO. 1342 PAGE 1 OF 5 A.Call to Order.The maybxt shall take the chair precisely at the hour set for the meeting and shall immediately 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 the vice mayor,the city clerk shall call the council to order and an acting mayor shall be selected to chair the meeting.Upon 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, decide all questions of order and conduct the proceedings of the meetings in accordance with the parliamentary rules contained in Webster's New World Robert's Rules of Order, Copyright 1999 by Robert McConnell Productions or as may be revised.Any conflict under these rules with state law shall render such rules unenforceable and state law and/or other local regulations may apply.The city attorney may serve as parliamentarian or a parliamentarian may be appointed by the council for regular and special meetings. B.Invocation and Pledge of Allegiance.The mayor shall call upon the vice mayor, member of council or member of the public for an invocation and pledge of allegiance. C.Roll Call.Before proceeding further on the agenda, the city clerk or deputy city clerk shall call the roll of the members, and the names of those present shall be entered into the -minutes.If a quorum is not present, the members may adjourn pursuant to Section 2-4-4 of this code. D.Consent Agenda.The council may, at this time, take single action on any or all items listed as consent agenda items. These items may include, but are not limited to, acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing.The Consent Agenda is a time saving device of which the mayor and city council is to receive documentation on these items from the city manager for their.review prior to the meeting.Any member of the council may remove -any item from the Consent Agenda for discussion and cause 'a separate vote on the matter later in the agenda. ORDINANCE NO. 1342 PAGE 2 OF 5 E;Awards,Presentations,Proclamations,Acknowledgement of Distinguished Guests and .Visitors, and Staff Presentation of Receipt of Grant or Donated Funds.Awards, presentations from other organizations,proclamations issued by the mayor, acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time. F.Announcement of Current Events.The mayor or any member of council may at this time present a brief summary of current events.However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G.City Manager's Report.The city manager,members of city staff,or those rindividuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city.There shall,however,be no discussion at this time except for clarification inquiries. H.Public Hearings..Public hearings required by applicable law —shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof.Such remarks shall be limited to five (5) minutes unless additional time is granted by the mayor.This time limitation shall not apply to applicants and their agents appearing before the council. I.Old Business.The council shall consider any business that has been previously considered and which is still unfinished, to include those items previously postponed or tabled.No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written "Request to Speak"form to the city clerk. J.New Business.The council shall consider any business not yet considered.No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written "Request to Speak" form to the city clerk. K.Council Direction to Staff.This item allows the mayor and city council to direct staff on specifically listed matters. ORDINANCE NO. 1342 PAGE 3 OF 5 L.Call to the Public.At this time the public has the privilege of addressing the council relating to city business that is not listed on the agehda with requests,communications, comments or suggestions.All speakers must submit a written "Request to Speak" form to the city clerk no later than after the City Manager's Report portion of the agenda has concluded. All such remarks shall be addressed to the council as a whole and not to any member thereof.The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after, being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker or discuss their concerns with staff or other members of the council, but may, at the conclusion of Call to the Public: 1) respond to criticism by a speaker; 2) ask staff to review a matter; 3) ask staff to place a matter on a future agenda.Each speaker must approach the podium,speak into the microphone,and provide their name and address. There is a three (3) minute time limit per speaker. M.Adjournment.The mayor shall, at the conclusion of all items on the agenda, adjourn the meeting without the necessity of a vote. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference is for any reason held to be invalid,pre-empted or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY The immediate operation of the provisions of this Ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage, adoption and approval by the ORDINANCE NO. 1342 PAGE 4 OF 5 Mayor and Council of the Cit').; OE Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF JULY , 2009. SIGNED AND ATTESTED TO THIS 7TH DAY OF JULY , 2009. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: t;4 0 1g1 Fr 2 : 0 9 R. JOEL STERN City Attorney ORDINANCE NO. 1342 PAGE 5 OF 5