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AGENDA ITEM REVIEW FORM |
7.F.
Regular City Council Meeting
- Meeting Date:
- 08/27/2025
- Department Head:
- Kay Macuil
- Submitted By:
- Justin Neuman, Paralegal, Attorney's Office
Action Requested:
Motion
Ordinance
Ordinance
ITEM:
Discussion and possible action on any and all matters regarding Ordinance No. 469. An Ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending City Code § 2.05.460(B) to align the City Council minutes requirement with current state law A.R.S. § 38-431.01(C)(4); repealing conflicting provisions, and providing for severability. (Kay Marion Macuil, City Attorney)
A. Action on Reading of Ordinance No. 469 by title only
B. Action on Ordinance No. 469
A. Action on Reading of Ordinance No. 469 by title only
B. Action on Ordinance No. 469
SUMMARY:
CITY CODE COMPLIANCE WITH STATE LAW
Under San Luis City Code Section 2.05.460(B), voting currently allows for the ayes and nays upon any questions to be entered in the minutes only at the request of its members. The city code doesn’t align with the current state requirements under the Open Meeting Law, as A.R.S § 38-431.01(C)(4) states that minutes should include “an accurate description of all legal actions proposed, discussed or taken, including a record of how each member voted...” The minutes have been compliant with state law. This Ordinance merely cleans up the City Code.
CITY CODE CONFORMITY WITH LONG-STANDING PRACTICE
When, in response to the call for ayes and nays on a question (also known as a motion), a Council Member or the Mayor is silent, it is counted as an aye, in favor of the motion. This is a common practice among cities in Arizona. The city adopted Robert's Rules, which would not count silence as a vote at all, so, in order to codify the practice, it is included in this Ordinance.
Under San Luis City Code Section 2.05.460(B), voting currently allows for the ayes and nays upon any questions to be entered in the minutes only at the request of its members. The city code doesn’t align with the current state requirements under the Open Meeting Law, as A.R.S § 38-431.01(C)(4) states that minutes should include “an accurate description of all legal actions proposed, discussed or taken, including a record of how each member voted...” The minutes have been compliant with state law. This Ordinance merely cleans up the City Code.
CITY CODE CONFORMITY WITH LONG-STANDING PRACTICE
When, in response to the call for ayes and nays on a question (also known as a motion), a Council Member or the Mayor is silent, it is counted as an aye, in favor of the motion. This is a common practice among cities in Arizona. The city adopted Robert's Rules, which would not count silence as a vote at all, so, in order to codify the practice, it is included in this Ordinance.
RECOMMENDATION / SUGGESTED MOTION:
A. I MOVE TO APPROVE THE READING OF ORDINANCE NO. 469 BY TITLE ONLY.
(CITY CLERK TO READ ORDINANCE NO. 469 BY TITLE ONLY)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 469 AS PRESENTED.
(CITY CLERK TO READ ORDINANCE NO. 469 BY TITLE ONLY)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 469 AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
N/A