John Musolf raised the issue of Oro Valley misusing the "Consent Agenda" for items that should not be "rubber stamped."
A good friend of ours, and our blog suggests John is not only correct in his assessment, but that Oro Valley is violating the Az Open Meeting Law by its action.
Our friend prefers we not use their name, but here is an excerpt from an email sent to us.
Art
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Mr. Musolf comments on Consent Agenda: Oro Valley or any entity cannot have some policy that trumps the Open Meeting Law: Mr. Musolf is exactly correct to challenge this!!
OPEN MEETING LAW
Section 7.5 deals directly with Consent Agenda format:
It reminds everyone that it is used as a "time-saving device when there are certain items on the agenda which are unlikely to generate controversy and are administrative in nature." For example: approving the minutes.
HOWEVER, it goes on, "public bodies must be cautious when using consent agendas. The Arizona Supreme Court has held that taking legal action, including that taken after an executive session, must be preceded by a disclosure of "that amount of information sufficient to apprise the public in attendance of the basic subject matter of the action so that the public may scrutinize the action taken during the meeting...." The court also specifically condemned the practice of voting on matters designated only by number, thereby effectively hiding actions from public examination."
WHEN IN DOUBT IT IS ALWAYS ADVISED choose to direct to public's knowledge and constrained choices. Consent agendas are abused and used often by scoundrels between you and me--I have challenged myself and been proven correct.
I love the OML and it is now required reading before being sworn into office---how it is to be proved without a TEST--some of these people who are so IGNORANT of this law. SHOCKS lil' ol' me!
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For those interested:
http://www.casagrandeaz.gov/c/document_library/get_file?uuid=e486e589-d65f-4c92-b8c3-3d80b3be3c4c&groupId=531
Hopefully, our Town Attorney, Tobin Rosen will see fit to offer his insight on this issue. We would appreciate it.
