I can now prove that the Apache County P&Z Commission violated the law by failing to hold a meeting in Jan.2009 and Oct. 2009 and it is on this link.
It seems that the Legialature thinks a meeting is required each month and until this bill is passed they were required each month. Will the Apache County Attorney do anything? I doubt it.
The Apache County P&Z Commission canceled the October 1,2009 meeting. Claiming that nothing was brought before them to require a meeting. Well it is odd since the Arizona Revised Statute that governs the P&Z Commission ARS 11-804 says very clearly that the commission “Shall hold at least one regular meeting each month”. So are the Apache County Commissioners above the laws of the state of Arizona? Were they acting according to the statute when canceling not only the October 1,2009 meeting but also the January,2009 meeting. I have included that statute for you to read. Now the Apache County P&Z Commission did adopt the new rules of procedure to say they could cancel any meeting at their will basicly, but was it legal for them to do so? I think not since it is in direct conflict with the statute. And according to ARS 11-251 section 31, and it says “31. Make and enforce all local, police, sanitary and other regulations not in conflict with general law.” and the general law says shall hold at least one regular meeting each month. And now lets look at the ARS 11-804 again for the next item I feel have been overlooked by the commission when adopting and approving the rules of procedures for them. They as a commission although not all appointed as required by statute made a decision to approve the Apache County rules of procedure and they approved that document on July 2.2009. But if you look at what the top of the rules of procedure say it might make you wonder.
Procedures of the Planning and Zoning Commission
Adopted June 6, 2002
Amended February 5, 2004
Proposed changes made on January 28, 2008
Amended July 02, 2009
And here is a link to this rules for you to read.
http://www.co.apache.az.us/PDFs/PlanningandZoning/CommissionProcedures.pdf
Now if this document was adopted was it ever approved by the board of supervisors?And according to ARS 11-804 section 4 it says ” 4. Transmit all of its recommendations, decisions, findings, reports and official actions, regardless of vote, to the board of supervisors.”
Did the Commission do this when adopting the Commissions rules of procedures? And if they did not would they be required to ratifiy their prior actions?
Were any of the amendments to the adopted document ever approved by the board of supervisors? I doubt it and know the newest amendment was not. So are they acting according to a illegal adopted rules of procedure besides the conflict of law when they canceled the P&Z meeting for October???
I have a great example of how some counties are willing to correct mistakes and unlike Apache county it does not take a lawsuit to get them to understand they made a mistake. The Cochise County P&Z had canceled the P&Z meeting for October also. But I sent the statute ARS 11-804 via email to Make Jackson a very good men to know and he forwarded it with his concerns to the Cochise county P&Z commission. And below it what happened. Thanks Mike for all your help.
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This from the Cochise County Individuals & Property Rights Association website.Good job Mike.
Planning & Zoning Commission WILL meet October 14
The Commission didn’t have any docket items for October, so the County thought it could skip the October meeting. However, George Walsh of ACIPRA (Apache County’s counterpart of CCIPRA), remembered ARS 11-804(A)(2), which says “The commission shall … hold at least one regular meeting each month.” County employees and the County Attorney’s office contacted state officials, but the legal eagles weren’t able to evade a plainly worded law.
However, just because there’s a meeting doesn’t mean there has to be a quorum. And alas, the flu is going around, causing the chair to wonder “who knows if several commissioners might catch it by Oct 14.” Who knows, indeed?. It’s unlikely that many citizens will attend in the hope that a quorum of Commissioners will attend; we lowly citizens value our own time as much as our great and powerful Commissioners value theirs — and we don’t get their mileage allowance for attending. So much for dedicating this meeting to citizens who have things stored up for the Call To the Public; and so much for the ice cream and cake that might have provided for everyone attending such a meeting.
Perhaps now’s the time for the Supervisors to appoint Alternate Commissioners so there’d never be a worry about getting a quorum.
