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CITY COUNCIL STUDYSESSION MEETINGSTUDY SESSION AGENDATUESDAY, JUNE 28, 2022, 1:00 PM201 S. Cortez StreetPrescott, AZ 86303Council ChambersPhil Goode, MayorCathey Rusing, Mayor Pro TemJessica Hall, CouncilwomanBrandon Montoya, CouncilmanSteve Sischka, CouncilmanEric Moore, CouncilmanClark Tenney, CouncilmanThe following Agenda will be considered by the Prescott City Council Study Session at its Study Sessionpursuant to the Prescott City Charter, Article II, Section 13. Notice of the meeting is given pursuant to ArizonaRevised Statutes, Section 38-431.02. One or more members of the Council may be attending the meeting throughthe use of a technological device.Viewing & ParticipationThis meeting may be viewed on Channel 64, Facebook Live or on the City Website: Live City CouncilMeeting VideosOr via Zoom by registering in advance: Zoom Registration LinkComments for Council may be submitted through the City website: Public Comment Form1.CALL TO ORDER2.ROLL CALL3.DISCUSSIONA.Prescott-Caborca Sister City Committee 50th Anniversary Committee Presentation andUpdate.Recommended Action: This item is for discussion only. No formal action will be taken.B.Presentation and Discussion Regarding City Council Attendance Policy and Updates to theCouncil Rules of Procedure.Recommended Action: This item is for discussion only. No formal action will be taken.4.ADJOURNMENT1
EXECUTIVE SESSIONUpon a public majority vote of a quorum of the City Council, the Council may hold an executive session, which will notbe open to the public, regarding any item listed on the agenda but only for the following purposes:(1) Discussion or consideration of personnel matters (A.R.S. §38-431.03(A)(1));(2) Discussion or consideration of records exempt by law (A.R.S. §38-431.03(A)(2));(3) Discussion or consultation for legal advice with the city’s attorneys (A.R.S. §38-431.03(A)(3));(4) Discussion or consultation with the city’s attorneys regarding the city’s position regarding contracts that arethe subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted inorder to avoid litigation (A.R.S. § 38-431.03(A)(4));(5) Discussion or consultation with designated representatives of the city to consider its position and instruct itsrepresentatives regarding negotiations with employee organizations (A.R.S. §38-431.03(A)(5));(6) Discussion, consultation or consideration for negotiations by the city or its designated representatives withmembers of a tribal council, or its designated representatives, of an Indian reservation located within oradjacent to the city (A.R.S. §38-431.03(A)(6);(7) Discussion or consultation with designated representatives of the city to consider its position and instruct itsrepresentatives regarding negotiations for the purchase, sale or lease of real property (A.R.S. §38-431.03(A)(7)).THE CITY OF PRESCOTT ENDEAVORS TO MAKE ALL PUBLIC MEETINGS ACCESSIBLE TO PERSONS WITHDISABILITIES. With 72 hours advanced notice, special assistance can be provided for sight and/or hearing-impairedpersons at this meeting. Reasonable accommodations will be made upon request for persons with disabilities or nonEnglish speaking residents. Please call the City Clerk (928) 777-1272 to request an accommodation to participate in thispublic meeting. Prescott TDD number is (928) 445-6811. Additionally, free public relay service is available from ArizonaRelay Service at 1-800-367-8939 and more information at www.azrelay.orgConfidentialityArizona statute precludes any person receiving executive session information from disclosing that information except asallowed by law. A.R.S. §38-431.03(F). Each violation of this statute is subject to a civil penalty not to exceed 500, pluscourt costs and attorneys’ fees. This penalty is assessed against the person who violates this statute or who knowinglyaids, agrees to aid or attempts to aid another person in violating this article. The city is precluded from expending anypublic monies to employ or retain legal counsel to provide legal services or representation to the public body or any of itsofficers in any legal action commenced for violation of the statute unless City Council takes a legal action at a properlynoticed open meeting to approve of such expenditures prior to incurring any such obligation or indebtedness. A.R.S. §38431.07(A)(B).CERTIFICATION OF POSTING OF NOTICEThe undersigned hereby certifies that a copy of the foregoing notice was duly posted at Prescott City Hall onat m. in accordance with the statement filed by the Prescott City Council withthe City ClerkSarah M. Siep, City Clerk2
3.ACOUNCIL AGENDA MEMOMEETING TYPE/DATE:DEPARTMENT:STUDY SESSION06-28-22City ManagerAGENDA ITEM: Prescott-Caborca Sister City Committee 50th Anniversary CommitteePresentation and Update.ITEM SUMMARYThe Prescott-Caborca Committee will be giving an general overview of the committee's history,background, providing updates, a budget review, and providing information on the 50th Anniversary.BACKGROUNDThe national concept of a Sister City Program was launched at the White House in 1956when President Dwight D. Eisenhower called for personal exchanges between Americansand peoples of other lands.In 1972, after a trip to Caborca, the Honorable Taylor T. Hicks, Sr., the Mayor of the City ofPrescott and the City Council invited Heroica Caborca, Sonora, Mexico to join Prescott,Arizona in a Sister City affiliation.The Prescott-Caborca Committee will be giving an general overview of the committee's history,background, providing updates, a budget review, and providing information on the 50th Anniversary.FINANCIAL IMPACTCurrently some expenses for the Prescott-Caborca Committee come from the Transient Occupancy (BedTax) Fund.Recommended Action: This item is for discussion only. No formal action will be taken.3
3.BCOUNCIL AGENDA MEMOMEETING TYPE/DATE:DEPARTMENT:STUDY SESSION06-28-22City ClerkAGENDA ITEM: Presentation and Discussion Regarding City Council Attendance Policy andUpdates to the Council Rules of Procedure.ITEM SUMMARYArticle II, Section 11 of the Prescott City Charter "Absence to terminate membership" addressesattendance of members of Council as follows: "If the mayor or any councilman shall be absent frommore than two (2) consecutive meetings without the consent of the council, he shall thereupon cease tohold office. (Amended January 9, 1979)"While this section is clearly stated, specific definitions were not and it was further noted by staff thatthis information was not included and specifically addressed within the Council Rules of Procedure. Asthe Prescott City Charter requires a vote of the public to amend, staff felt the best way to more clearlydefine and address this issue was to reference the Charter with specific language within the CouncilRules of Procedure. This section of the Charter may be addressed through the forthcoming CharterReview Committee with the broader review of the Charter for proposal of updates on a future ballot.City Clerk staff contacted other jurisdictions throughout Arizona to determine if/how this issue isaddressed within their agencies. Based on this feedback and the Charter language, staff suggestsrevisions and additions as highlighted in the attached DRAFT revised Council Rules of Procedurewhich are also highlighted below:"Rule 7 AttendanceIn accordance with City Charter Article II, Section 11 if the Mayor or any member of Council shallbe absent from at least three consecutive called meetings without prior notice to the Council, CityClerk or City Manager, he or she shall by a majority vote of the balance of Council cease to holdoffice."Consecutive Meetings": For purposes of this section, consecutive shall mean successively followingwithout interruption occurring on successive days4
"Prior Notice": For purposes of this section, prior notice shall mean written notification at least 24hours in advance of the called meeting"Called Meeting": For purposes of this section, a called meeting shall mean an official VotingMeeting, Study Session, Executive Session or Budget Workshop of the Council duly called pursuantto local & Arizona law"Updates to the Council Rules of Procedure of this nature are done through adoption of a new Resolutionwhich staff proposes can be brought forward at a future meeting following Council's direction today.BACKGROUNDRecently the subject of attendance of members of Council at public meetings was addressed by staff infollow up to an inquiry by a member of Council. This item was requested for additional discussion byMayor Pro Tem Rusing and Councilman Montoya.FINANCIAL IMPACTNone at this time.Recommended Action: This item is for discussion only. No formal action will be taken.ATTACHMENTS1.DRAFT Updated Rules of Procedure5
CITY COUNCILRULES OFPROCEDUREES 2.50IT 3.00FR 6.00GB 3.00USA 6.99ADOPTED BY RESOLUTION NO.EFFECTIVE DATE6
RULES1 - GENERAL RULES2 - COUNCIL CODE OFETHICS3 - CITY OFFICIALS4 - COUNCIL MEETINGS5 - PRESIDING OFFICER6 - CONDUCT OF MEETINGS7 - ATTENDANCE8 - LIMITATION OF DEBATE9 - VOTING10 -COUNCIL AGENDAFORMAT11 - CONSIDERATION OFPETITIONS12 - CONDUCT OF THEPUBLIC AT COUNCILMEETINGS7
Rule 1 General RulesA. Rules of Journal (Article II, Section 15, City Charter): The Council Shall determine its ownrules and order of business subject to the provisions of this Charter. It shall keep a journal ofits proceedings and the journal shall be open to public inspection during regular officehours.B. Written Rules of Procedure: The rules of procedure of the Council shall be in writing andbe available to all interested citizens.C. Rules of Parliamentary Practice: The rules of parliamentary practice, comprised inRobert's Rules of Order, latest edition, shall govern the Council in all cases to which they areapplicable, provided they are not in conflict with state law, these rules or with the Code orCharter of the City of Prescott.Rule 2 Council Code of EthicsCity Council members and officials occupy positions of public trust. Council members andall City officials shall strictly adhere to both the spirit and the letter of the laws of the Stateof Arizona pertaining to conflicts of interest.In addition to matters of pecuniary interest, Council members shall refrain from makinguse of special knowledge or information before it is made available to the general public;shall refrain from violation of Council rules; shall refrain from appointing immediatefamily members, business associates or employees to municipal boards and commissions;shall refrain from influencing the employment of municipal employees; and shall refreainfrom using their influence as members of the governing body in attemps to securecontracts, zoning, or other favorable municipal action for friends, immediate familymembers or business associates.Rule 3 City OfficialsA. City Manager, City Clerk, Finance Director & City Attorney: The City Manager, Clerk,Finance Director and Attorney shall perform their respective duties as set forth in theCharter of the City of Prescott. Whenever there may be any questions concerning theinterpretation of the powers and duties of the aforementioned City officials as enumeratedin the City Charter, the City Council shall be the final arbitrator of any such dispute and, bya majority vote of its members, shall settle any such issue as a matter of Council policy.B. Chief of Police: The Chief of Police or such members of the Police Department as the Chiefmay designate, shall be Sergeant-at-Arms of the Council Meetings.C. Officials & Employees to Attend: The head of any department, or officer or employee ofthe City, when requested by the Council or City Manager, shall attend any regular or specialmeeting and confer with the Council on all matters relating to City business.COUNCIL RULES OF PROCEDURE - PAGE 18
Rule 4 Council MeetingsA. Regular and Special Meetings: The City Council shall hold regular and special meetingsaccording to the provisions of the City Charter. Council Meetings shall be conducted inaccordance with the procedures as set forth in these rules. Regular Meetings of the Councilshall begin at 3:00 pm on the second and fourth Tuesday of each month, unless a differentday or time is determined by a majority of the Council. Study Sessions shall be held on thesecond and fourth Tuesday of each month at 1:00 pm as needed.B. Executive Sessions: The Council may meet in the Executive Session in accordance withthe procedures and purposes set forth in State Law and not otherwise.C. Scheduling Agenda Items: The Mayor may place any item on an agenda for considerationor discussion by the Council. Any two (2) councilmembers may place an item on an agendafor consideration or discussion by the Council. The Mayor or council members making sucha request may designate the particular meeting date they wish the item to be discussed orconsidered and all reasonable efforts shall be made to accommodate that request.D. Withdrawing Agenda Items: When an item is initially placed on an agenda, it may onlybe withdrawn by the individual (Mayor or Councilmembers) who placed that item on theagenda.Rule 5 Presiding OfficerThe Mayor or, in his absence, the Mayor Pro Tempore, shall take the chair at the hourappointed for Council to meet and shall immediately call the members to order. In the caseof absence of both the Mayor and the Mayor Pro Tempore, the City Clerk shall call theCouncil to order. If a quorum is found to be present, the Council shall proceed to elect, by amajority vote of those present, the chairman of the meeting.COUNCIL RULES OF PROCEDURE - PAGE 29
Rule 6 Conduct of MeetingsThe presiding officer shall serve as Council Parliamentarian upon advice of the CityAttorney. He shall preserve decorum and decide all questions of order, subject to appeal tothe Council.A. During Council Meetings, Council members shall preserve order and decorum and shallnot delay or interrupt the proceedings or refuse to obey the orders of the presiding officeror the rules of the Council. Every Council member desiring to speak shall address the chair,and, upon recognition by the presiding officer, shall confine himself to the question underdebate and shall avoid all offensive or indecorous language. A Council member, oncerecognized, shall not be interrupted while speaking unless called to order by the presidingofficer or unless a point of order or other privileged motion is raised by another Councilmember. If a Council member is called to order while he is speaking, he shall ceasespeaking immediately until the question of order is determined. If ruled to be in order, heshall be permitted to proceed. If ruled to be out of order, he shall remain silent or shall alterhis remarks so as to comply with the rules of the Council. A Council member, withpermission of the presiding officer, may address questions to the City Manager or staff ormembers of the audience, but he shall confine his questions to the particular issue beforethe Council. If a point of order is raised and the presiding officer fails to act, any member ofthe Council may move to require him to enforce the rules and the affirmative vote of themajority of the Council shall require the presiding officer to act.B. The presiding officer shall have the authority to preserve decorum in the meetings as faras to the audience, staff members, and City employees are concerned. The City Managershall also be responsible for the orderly conduct and decorum of all City employees underhis direction and control. Any remarks shall be addressed to the Chair and to any or allmembers of the Council. No member of the staff or audience shall enter into any discussion,either directly or indirectly , without first having obtained the floor by permission of thepresiding officer.C. Members of the public attending Council meetings shall also observe the same rules ofpropriety, decorum and good conduct applicable to members of the Council. Any personmaking personal, impertinent and slanderous remarks or who becomes boisterous whileaddressing the Council, or while attending the Meeting, shall be removed from the room ifthe Sergeant-at-Arms is so directed by the presiding officer, and such person shall bebarred from further attendance at that particular Council Meeting. Unauthorized remarksfrom the audience, stamping of feet, whistles, yells and similar demonstrations shall not bepermitted by the presiding officer, who shall direct the Sergeant-at-Arms to remove suchoffenders from the room.COUNCIL RULES OF PROCEDURE - PAGE 310
Rule 6 Conduct of Meetings (cont.)D. Should the presiding officer fail to act, any member of the Council may move to requirehim to enforce the rules, and the affirmative vote of the majority of the Council shallrequire the presiding officer to act.E. Any member of the public desiring to address the Council must first be recognized by thepresiding officer, shall complete a comment card indicating his/her name, city of residenceand item on which he/she desires to speak for the record, and shall limit his/her remarks tothe question under discussion. Any remarks shall be addressed to the presiding officer andto any members of the Council. No member of the public shall be allowed to speak for aperiod of longer than three (3) minutes on a specific agenda item, without leave of thepresiding officer.Rule 7 AttendanceIn accordance with City Charter Article II, Section 11 if the Mayor or any member ofCouncil shall be absent from at least three consecutive called meetings withoutprior notice to the Council, City Clerk or City Manager, he or she shall by a majorityvote of the balance of Council cease to hold office."Consecutive Meetings": For purposes of this section, consecutive shall meansuccessively following without interruption, occurring on successive days"Prior Notice": For purposes of this section, prior notice shall mean writtennotification at least 24 hours in advance of the called meeting"Called Meeting": For purposes of this section, a called meeting shall mean anofficial Voting Meeting, Study Session, Executive Session or Budget Workshop of theCouncil duly called pursuant to local & Arizona lawRule 8 Limitation of DebateNo member of the Council or public shall be allowed to speak more than once upon any onesubject until all the Council members have had an opportunity to speak. Citizens groupsshall identify themselves and shall be represented in the presentation to the Council by oneof the members of the group and cumulative or redundant speeches to the Council on thesame issue shall be terminated at the discretion of the presiding officer.COUNCIL RULES OF PROCEDURE - PAGE 411
Rule 9 VotingThe vote on any question shall be taken by Ayes and Nays to be electronically tabulated,and the results thereof shall be disclosed simultaneously. In the event that the vote is unableto be electronically recorded there shall be a roll call vote. There shall be no additionaldebate or speaking after the vote is taken.Rule 10 Council Agenda FormatI. Call to OrderII. Introductions/AnnouncementsIII. InvocationIV. Pledge of AllegianceV. Roll CallVI. Any Scheduled Proclamations and/or Presentations (split into two sections as necessary)VII. Public CommentVIII. Consent AgendaIX. Consent Ordinance AgendaX. Liquor License AgendaXI. Regular AgendaXII. AdjournmentCouncil agenda formats are considered to be general guidelines for the published agenda.The Mayor is authorized to deviate from the order of the agenda, or to delete a specificcategory from a particular agenda at his or her discretion.Rule 11 Consideration of PetitionsOnly those petitions submitted in writing at a regular Council Meeting by a citizen of theCity shall require Council action within thirty (30) days thereafter. (Article II, Section 18, CityCharter)All other petitions submitted to the Mayor and/or Council members or other agencies of theCity in the regular course of business, shall be considered in accordance with the laws ofthe State of Arizona, the City Charter or the City Code of the City of Prescott. (Examples:Annexations, Improvement Districts, Protests, Elections, etc.)Unsigned communications or petitions, including newspaper articles or clippings, shall notbe introduced in the minutes of Council meetings.COUNCIL RULES OF PROCEDURE - PAGE 512
Rule 12 Conduct of the Public at City Council MeetingsA. Members of the public shall observe rules of propriety, decorum and good conduct setout in the Prescott City Council Rules of Procedure.B. All remarks and questions shall be addressed to the Mayor and to members of theCouncil. The Mayor may direct the City Manager or staff to respond to questions posed bythe public.C. No member of the public shall be allowed to speak more than once on a subject andremarks shall be limited to three (3) minutes unless allowed by the Mayor. Groups shallidentify a representative speaker to present the group in one presentation on behalf of thegroup.D. Making personal attacks, rude or slanderous remarks will result in removal from themeeting.E. Members of the public who wish to make a presentation to the Mayor and Councilshall submit a Presentation Request Form to the City Clerk, upon approval by theMayor OR two (2) members of Council the City Clerk will schedule the presentationfor a future meeting.F. At the discretion of the Mayor, a call to the public will be included on the Agendaof Voting Meetings. During the call to the public residents may comment & addressCouncil on matters NOT included on the posted Agenda. Speakers must be present inChambers, submit a comment card with the City Clerk prior to the start of themeeting and are limited to four (4) minutes, with the call to the public limited toforty (40) minutes in total. Pursuant to A.R.S. 38-431.01(H), members of the Councilmay NOT discuss items that are not specifically identified on the Agenda.COUNCIL RULES OF PROCEDURE - PAGE 613
CITY OFFICIALSMayorPhilip R. GoodeCouncil MembersCathey Rusing (Mayor Pro Tem)Jessica HallBrandon MontoyaEric MooreSteve SischkaClark TenneyFor Mayor & Council Contact: (928) 777-1248 or city.council@prescott-az.govCity ManagerMichael LamarCity AttorneyJoseph D. YoungCity ClerkSarah M. SiepCity of Prescott201 S. Cortez StreetPrescott , AZ 86303(928) 777-1100COUNCIL RULES OF PROCEDURE - PAGE 714
C. Rules of Parliamentary Practice: The rules of parliamentary practice, comprised in. Robert's Rules of Order, latest edition, shall govern the Council in all cases to which they are. applicable, provided they are not in conflict with state law, these rules or with the Code or. Charter of the City of Prescott. COUNCIL RULES OF PROCEDURE - PAGE 1
