Rancho Manana Meeting

Mr Jones

I have examined the Open Meeting laws in Arizona recently, with this forum in mind. From my reading of it [1], I am uncomfortable with the fact that this is not an open and public forum, at which 4 Town Councilmen will be appearing in sequence. The law explicitly states that a non-public meeting cannot have a quorum of TC present, and it does address the situation where the quorum is “splintered”. In this specific case cited in [1], the quorum could still exist, is still not allowed under the OML, and would cause an OML violation to occur. With this in mind, without any consultation with any other Town Councilman, I will not be attending your HOA forum in order to protect the town and this council from further lawsuits. Furthermore, please do not send me any information as to what occurs at this private meeting, as that could involve you and/or your organization in an OML violation. If your organization decides to make this meeting open to the public and press, the town publically and legally agendizes this meeting, I will then reconsider my position. Town Manager: I have cc’ed this to the Town Attorney, and if they deem it allowable, please forward on to Mayor and Council. [1] http://www.azag.gov/sites/default/files/sites/all/docs/agency-handbook/ch07.pdf section 7.5.2 Regards,Councilman Charlie Spitzer(480) 442.1174 Please note: This email address is subject to Freedom of Information Act requests, and is considered public information. The Open Meeting law requires that email from this address must not be remailed to current Cave Creek Town Councilmen in any form whatsoever. All emails to and from this address are publicly available at the Cave Creek Town Hall.________________________________________From: Craig Jones [cjinaz11@msn.com]Sent: Tuesday, January 27, 2015 8:58 AMTo: To:; essergulch@msn.com; rwrlamar@gmail.com; marklipsky@live.com; Adam Trenk; Mike Durkin; Charles Spitzer; Reginald MonachinoCc: KARL ALBRECHT; Charles@caseypros.com; Rose Reiner; kingfontenot@me.comSubject: Rancho Manana HOA Annual Meeting format To: “Candidates in the March Recall Election: We are pleased to advise that ALL eight candidates have accepted our invitation to address our Annual Homeowners Meeting. We are all looking forward to it. The purpose of this communication is to establish the guidelines that will govern the presentations, giving all ample opportunity to compose their presentation. 1. The candidates will be introduced in pairs with each pair being composed of the incumbent council member and the challenger candidate. After the “pair” introduction, each candidate will be allotted two minutes to make their initial presentation. The incumbent council member will present first and the challenging candidate second. The time allotted will be strictly enforced. 2. Immediately following the four pair presentations, all eight of the candidates will be available for a Question/Answer period to last for approximately 20-30 minutes.Following the Q&A sessions, all of the candidates will be excused, with our thanks, so that the regular meeting format, which includes the election of new Board members, can proceed. If any of the candidates have any questions, please address them by return email. Thank you again for your participation. Sincerely, Rancho Mañana Board of Directors”   *   © 2015 Microsoft *   Terms <http://g.live.com/8seskydrive/tou> *   Privacy & cookies <http://go.microsoft.com/fwlink/p/?LinkId=253457> *   Developers <http://g.live.com/8seskydrive/dev>