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ITEM 8.d. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Jennifer Wright, Town Attorney Staff Contact Information: Phone: Email: jen@timlasota.com Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2026-02, Fountain Hills Town Council Rules of Procedure Amended and Restated February 3, 2026, restoring "Call to the Public", updating Section 6, improving format, and incorporating changes requested by Council and Staff. Staff Summary (background) On November 18, 2025, based on a recommendation from the Town Attorney, the Council voted to amend the Council Rules of Procedure to, among other things, eliminate the "Call to the Public" at Council Meetings. The Town Attorney recommended eliminating "Call to the Public" in response to a Notice of Claim that was filed against the Town alleging, in part, that religious comments made during the Call to the Public violated the law. The Town Attorney recommended temporarily removing the Call to the Public to allow sufficient time to review and amend the Rules of Procedure to ensure maximum compliance with state and federal laws. At that Council meeting, Councilmembers voting in favor of amending the Rules of Procedure to remove the "Call to the Public" asked that work be done to review and amend the Rules of Procedure so that the Council could bring the issue back again and restore the "Call to the Public". At the request of Councilmember Earle, and with the consent of Mayor Friedel, a working group was formed to review the Rules of Procedure, specifically focused on restoring the "Call to the Public" and amending other sections of the Rules of Procedure, including section 6, Procedures for Conducting the Meeting. On January 20, 2026, the Council held a public Work Session to discuss the amended Rules of Procedure that had been drafted by the Town Attorney based on the working group's recommendation. The Council reviewed the proposed changes and made additional suggestions. Specifically, the amended Rules restoring "Call to the Public", placing it at the end of the agenda and limiting the maximum time allotted to 30 minutes, with no maximum on the number of potential speakers, however each speaker is limited to a maximum of three minutes. The amended Rules also requires those wishing to speak to turn in the Request to Comment Card before the meeting starts. Section 6, Procedures for Conducting the Meeting were updated and include content inspired by the City of Scottsdale 2025 Rules of Council Procedure. All of the Rules of Decorum were consolidated to Section 6, making it clear and understandable for all meeting participants. In addition, significant formatting changes were made to make the document more readable. Following the Work Session, the added requirement regarding use of professional audio and video equipment was amended to make clear that the rule applies to any attendee, not just the media, and clarified that the attendee must provide advance notice, not obtain advance approval. The purpose of the rule is to ensure that the Town is prepared to accommodate professional equipment without obstructing or displacing residents, and if necessary, seek equipment consolidation. Overall, the substantive changes made were limited to restoring "Call to the Public" and amending and clarifying procedures for conducting the meeting, including the Rules of Decorum. No significant substantive changes were made to other sections of the Rules of Procedure. To the extent that other sections of the Rules of Procedure may need updating, the Town Attorney recommends that it be done at a later date to allow more time for a comprehensive review. Related Ordinance, Policy or Guiding Principle Fountain Hills Town Council Rules of Procedure Amended and Restated November 18, 2025. Risk Analysis n/a Recommendation(s) by Board(s) or Commission(s) n/a Staff Recommendation(s) Staff recommends approving and adopting Resolution 2026-02, approving the Fountain Hills Town Council Rules of Procedure Amended and Restated February 3, 2026. Suggested Motion MOVE to approve Resolution 2026-02, approving the Fountain Hills Town Council Rules of Procedure Amended and Restated February 3, 2026. FISCAL IMPACT Fiscal Impact: None Budget Reference: n/a Funding Source: n/a ATTACHMENTS 1. Rules of Procedure, Amended and Restated February 3, 2026 - REDLINE 2. RESOLUTION NO 2026-02, Rules of Procedure, Amended and Restated February 3, 2026