Print
Comment
Rate
Back on track
Sunsites-Pearce Fire Department rectifies open meetings law mistakes
By Ainslee S. Wittig/Arizona range news
After allegations of open meetings law violations, the Arizona Ombudsman / Citizens' Aide office made recommendations to ratify several actions taken during the month of December 2008 by the Sunsites-Pearce Fire Department District Board of Directors.
Since that time, the SPFD Board has accepted the report and completed all the recommendations except one, which will be ongoing through February 2010, said Patrick Shannahan, Ombudsman-Citizens' Aide, author of the report.
"Everything is going really fine now," said Board Chairman Robert Fino. "The Ombudsman's office and our County attorney, Terry Bannon, are real pleased with the department, the board and the last meeting."
Fino said the board has reduced taxes, cut costs without cutting services, and hired a new fire chief, Harry Findysz of Tucson, who started June 1.
They also promoted former interim chief Steve Estelle to Wildland Coordinator at the station.
"Steve has done a wonderful job. He's saved quite a lot of homes out here in the past few months, including 20 at the Geronimo fire, among others," Fino said. "But he decided he did not want to be a fire chief, that that wasn't his forteĢ. So we are glad to keep him with the department as wildland coordinator."
"We made some mistakes. We were four or five new board members and we had never processed an open meeting. It's good that we discovered that early on so we could fix the mistakes," Fino said. "The Elfrida Fire Station board is having some problems, and people are confusing them with us. We are working together well now, and looking for a fifth board member at this time," he said.
Released April 27, the final Ombudsman's Office report followed an investigation of allegations made by Laura McGaffey of Sunsites, a former secretary-treasurer of the district.
McGaffey claimed that several open meetings laws were not followed for meetings held on Dec. 1, 4, 11, 18 and 23, 2008, and Jan. 15 and 27, 2009, and she filed a citizen's complaint with the Ombudsman's Office against the district in January. McGaffey said she had taken an open meetings law class and knew the district was not following OML requirements. She said she and Kim Jones, who had been hired to help the board and had also taken the class, had told board members in December, but neither she nor Jones were making progress in getting the board to comply with OML requirements.
The Sunsites-Pearce Fire District was reorganized in November when voters passed a change in how the district was administered, from a chief and secretary-treasurer to a five-member board. All five candidates for the district board were newly elected in the Nov. 4 general election.
Allegations substantiated by the Ombudsman's Office are:
The Board did not vote to go into an executive session (a session closed to the public) on either the Dec. 4, 2008 or Dec. 18, 2008 meetings.
The Board did not give adequate description of matters to be considered at either executive session above.
They failed to reference the statutory provision authorizing an executive session for both Dec. 4 and Dec. 18.
And in both cases, the vote on the matters discussed in executive session was taken within executive session instead of in public session. Legal action is prohibited during executive session. Votes must be taken in public.
Also on Dec. 18, the board did not give adequate written notice of 24 hours to the subject of a personnel discussion (an exception is discussions on salary) advising him of matters to be considered and his right to demand the discussion take place in public.
The Board inappropriately disclosed executive session meeting minutes for the Dec. 4 meeting.
At a Jan. 27, 2009 meeting, the board discussed the establishment of special committees and directed the fire chief to appoint the committees and make membership decisions. This item was not on the agenda as a matter to be discussed, considered or decided at the meeting, and therefore the action was considered null and void until ratified by the board later. It was also noted that a committee, which is established on motion or order of a public body and whose members are appointed for the purpose of making recommendations concerning a decision to be made or considered by the public body, is subject to the open meeting law.
Other concerns found by the Ombudsman's Office during the investigation include: Failure to document when notice was posted; Failure to specifically describe agenda items; Use of acronyms on the agenda; Use of general categories on the agenda such as Chief's Report, Treasurer Report and Announcements without specifically stating what will be presented, discussed or considered; Discussion of matters not specifically described on the agenda; Voting on matters not specifically described on the agenda; Failure to properly notice executive sessions; Failure to adequately describe executive session items on the agenda; Failing to vote to enter executive session; Discussing matters in executive session that do not fall within any of the limited executive session purposes; Permitting people in executive session other than those expressly listed under A.R.S. ¤ 38-431(2), without an explanation as to why they are reasonably necessary; and voting in executive session.
Shannahan recommended the following:
1. The Board ratify all action taken during the executive sessions held on December 4, 2008 and December 18, 2008.
2. The Board meet with its attorney to determine what, if any, other actions taken to date require ratification.
3. The Board's attorney review all of the Board's notices, agendas, and meeting minutes for a period of one year.
4. The Board clarify the authority of the fire chief, the authority of the Board, and the function and purpose of any and all committees to determine whether the committees are public bodies subject to the open meeting law.
5. All Board members participate in Open Meeting Law training within 30 days of accepting these recommendations from an attorney who has expertise with open meeting law issues.
The Board has already completed four actions, and is in the process of completing the No. 4.
The Ombudsman's Office is part of the Arizona Legislative branch, and the office has no enforcement power. However, violations of open meeting law can go through the state Attorney General's office for enforcement if not corrected, said Liz Hill, Ombudsman officer.
By Ainslee S. Wittig/Arizona range news
After allegations of open meetings law violations, the Arizona Ombudsman / Citizens' Aide office made recommendations to ratify several actions taken during the month of December 2008 by the Sunsites-Pearce Fire Department District Board of Directors.
Since that time, the SPFD Board has accepted the report and completed all the recommendations except one, which will be ongoing through February 2010, said Patrick Shannahan, Ombudsman-Citizens' Aide, author of the report.
"Everything is going really fine now," said Board Chairman Robert Fino. "The Ombudsman's office and our County attorney, Terry Bannon, are real pleased with the department, the board and the last meeting."
Fino said the board has reduced taxes, cut costs without cutting services, and hired a new fire chief, Harry Findysz of Tucson, who started June 1.
They also promoted former interim chief Steve Estelle to Wildland Coordinator at the station.
"Steve has done a wonderful job. He's saved quite a lot of homes out here in the past few months, including 20 at the Geronimo fire, among others," Fino said. "But he decided he did not want to be a fire chief, that that wasn't his forteĢ. So we are glad to keep him with the department as wildland coordinator."
"We made some mistakes. We were four or five new board members and we had never processed an open meeting. It's good that we discovered that early on so we could fix the mistakes," Fino said. "The Elfrida Fire Station board is having some problems, and people are confusing them with us. We are working together well now, and looking for a fifth board member at this time," he said.
Released April 27, the final Ombudsman's Office report followed an investigation of allegations made by Laura McGaffey of Sunsites, a former secretary-treasurer of the district.
McGaffey claimed that several open meetings laws were not followed for meetings held on Dec. 1, 4, 11, 18 and 23, 2008, and Jan. 15 and 27, 2009, and she filed a citizen's complaint with the Ombudsman's Office against the district in January. McGaffey said she had taken an open meetings law class and knew the district was not following OML requirements. She said she and Kim Jones, who had been hired to help the board and had also taken the class, had told board members in December, but neither she nor Jones were making progress in getting the board to comply with OML requirements.
The Sunsites-Pearce Fire District was reorganized in November when voters passed a change in how the district was administered, from a chief and secretary-treasurer to a five-member board. All five candidates for the district board were newly elected in the Nov. 4 general election.
Allegations substantiated by the Ombudsman's Office are:
Other concerns found by the Ombudsman's Office during the investigation include: Failure to document when notice was posted; Failure to specifically describe agenda items; Use of acronyms on the agenda; Use of general categories on the agenda such as Chief's Report, Treasurer Report and Announcements without specifically stating what will be presented, discussed or considered; Discussion of matters not specifically described on the agenda; Voting on matters not specifically described on the agenda; Failure to properly notice executive sessions; Failure to adequately describe executive session items on the agenda; Failing to vote to enter executive session; Discussing matters in executive session that do not fall within any of the limited executive session purposes; Permitting people in executive session other than those expressly listed under A.R.S. ¤ 38-431(2), without an explanation as to why they are reasonably necessary; and voting in executive session.
Shannahan recommended the following:
1. The Board ratify all action taken during the executive sessions held on December 4, 2008 and December 18, 2008.
2. The Board meet with its attorney to determine what, if any, other actions taken to date require ratification.
3. The Board's attorney review all of the Board's notices, agendas, and meeting minutes for a period of one year.
4. The Board clarify the authority of the fire chief, the authority of the Board, and the function and purpose of any and all committees to determine whether the committees are public bodies subject to the open meeting law.
5. All Board members participate in Open Meeting Law training within 30 days of accepting these recommendations from an attorney who has expertise with open meeting law issues.
The Board has already completed four actions, and is in the process of completing the No. 4.
The Ombudsman's Office is part of the Arizona Legislative branch, and the office has no enforcement power. However, violations of open meeting law can go through the state Attorney General's office for enforcement if not corrected, said Liz Hill, Ombudsman officer.
 |
 |
|
| Ramil found guilty of 2nd -degree murder | Community Briefing |
Article Rating
Reader Comments
The following are comments from the readers. In no way do they represent the view of willcoxrangenews.com.
Mike Jackson wrote on Jun 11, 2009 8:10 PM: