CLERK/SECRETARY BOARD DESCRIPTION OF DUTIES Clerk/Secretary shall be responsible for keeping records of the Board s actions, including overseeing the taking of the minutes at all board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each Board Member, and assuring information is available to Board Members and the public, pursuant A.R.S. 38-431.01 (B-E) 2. In addition, all permanent and living documentation by the District is kept or accounted for by the Clerk/Secretary. (DVWD By-Laws, revised 3/9/2009) The Clerk/Secretary shall be responsible for keeping records of the Board s actions, including overseeing the taking of the minutes at all Board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each Board Member, managing the records and documents of the District, and assuring information is available to Board Members and the public. (DVWD AFO Manual, 2009) AFO = DVWD Administrative, Financial, Operational Manual, 2009 GAGAS = Generally Accepted Governmental Auditing Standards A.R.S. = Arizona Revised Statute By-Laws = DVWD By-Laws, 2009 CS = Common Sense when representing the District as a business IDS = Improvement District Services, Inc (www.improvementdistrictservices.com) P & P = Needed District Policies and Procedures OML = Open Meeting Laws of Arizona RCAC = Past Rural Community Assistance Training The Water Board Bible = The handbook of modern water utility Management by Miller and Ronnebaum, 2010 TII = Taking Individual Initiative YBOS = Past Yavapai Board of Supervisor Special District Training A. The main purpose of the District is as it is for all Board Members: To serve the Diamond Valley Community s best interest within the guidelines of managing a public water utility, (By-Laws) To maintain responsible, professional, businesslike, educated, and ethical practices in representation of the Diamond Valley Community s water needs, (By-Laws) To provide for fiduciary responsibility and oversight of the water utility, (By-Laws) To support and facilitate Board teamwork through dedication, cooperation, communication, participation, and preparation, (By-Laws) To abide by each Member s Oath of Office The DVWD is a political sub-division under the Yavapai County Government of Arizona, which governs by the Arizona Revised Statutes, Open Meeting Laws of Arizona, Yavapia Special District s Handbook, and then by the District s By-Laws, AFO manual, Resolutions, and District Policies and Procedures, (IDS) B. Specific duties to fulfilling the legal requirements concerning recording, amending, and maintaining all District documents and make available by State Law, (The Water Board Bible) (A.R.S. 41-151.15(B), 41-151.16, 38-421) 5 1. DVWD AFO Manual, (P & P) 2. DVWD By-Laws, (P & P) 3. DVWD Agendas, (P & P) Avoid specifics (e.g. yellow backhoe) and leave names or dollar amounts out of agenda item descriptions. (If item needs approval and the specifics do not match in the item s description, and/or the person named in item isn t present to report, the item cannot be addressed at that meeting), (YBOS) Note a glossary list when using acronyms with their full meaning as an educational tool for newer Members and the public/community, (RCAC) 4. DVWD Minutes, (P & P) Note a glossary list when using acronyms with their full meaning as an educational tool for newer Members and the public/community, (RCAC) 1
5. DVWD Resolutions, (IDS) 6. District Forms, (P & P) 7. District Policies and Procedures, (P & P) 8. Creates, Maintains, and Updates all District necessary documents, which keeps the other District contacts (County, organizational, legal, accounting, and others) current with the District s current information ASAP, (P & P) Refer to 5-Member DVWD Board / Management List for specifics when updating Creates, Maintains, and Updates all new and draft documents in header and footer when District and/or Management information changes (e.g. letterhead, envelope, Resolutions, and other forms) Attend to all Correspondences received by the District in a timely manner Get on an agenda for appropriate follow-up and/or action Give a Report giving the appropriate facts/details so liability issues don t occur (No names of correspondences or information giving specific addresses District Record of Correspondence filed with full information) 9. Complete, post, and file all required County and Organizational documents/forms (Must be on an agenda to approve the information before the Clerk/Secretary can file County Certified Posting of District s regular monthly meetings, (A.R.S.38-431.02 [F.]) County General Election Notice (every 4-years in November) and comes out in May to complete the following: Provide the number of vacant Board seats at the end of the that year, if anyone wishes to run in the General Election (cost to District if so), and any question for the ballot (e.g. assessing properties or levying a District tax), (A.R.S. 48-Chapter 8) and (A.R.S.16-205 [A.]) 1 Send to County Special District Office/Coordinator annually before July 1: District Approved Budget and Special Taxing District Tax Levy Confirmation Form (signed by Chair) confirming whether the District has approved any levying of taxes for that fiscal year. 10. Maintain all documents with business type-face Serif fonts that cross PC and Mac platforms (e.g. Times New Roman (Palatino) with 10 pt. 12 pt. depending on content and alternate with San-Serif fonts of Arial or Helvetica), (CS) File names to be noted in all document footers and note if document is draft, revised, approved with appropriate dates of each, (P & P) 11. Maintain 1-hard copy of all documents and record an electronic copy of all documents, (P & P) Agendas Meeting Minutes Monthly Manager/Operator Reports according to GAGAS Monthly Financials Reports according to Audit Guidelines Monthly Correspondence(s) to District 12. Provide safekeeping of hard copies and electronic copies of all documents according to proper record retention standards, (P & P) 13. Move appropriate District records according to, (Records Retention and Disposition Statutes) 5 C. Summary of the Clerk of the Board duties, (RCAC Sample Board Officer Duties Policy) and 6 1. Respond directly to routine correspondence 2. Handle correspondence of special interest to the Board as follow: Draft replies in advance, when possible, for Board consideration Seek instructions for reply when necessary Prepare correspondence as the Board directs 3. Prepare for Board meetings Prepare the agenda in collaboration with the Chair Maintain a calendar or organizational system for the Board s unfinished business so no business falls through the cracks Call to the Board s attention legal requirements and those matters for which the District is responsible Draft accurate meeting minute motions according to any Board Member motioning 2
4. Board meeting duties Attend all meetings or designate an alternate Make physical arrangements for Board meetings Provide notice of Board meetings in accordance with OML 5. Maintain and update the District s policy and procedure manual D. Summary of the Secretary of the Board duties, (RCAC Sample Board Officer Duties Policy) and 6 1. The secretary shall provide accurate minutes of Board meetings Taking of the minutes Transcribing minutes Distributing minutes in a timely fashion for review prior to approval Maintain properly authenticated official minutes in chronological order May delegate said responsibilities to a staff member if one exists under the supervision of the secretary E. Specific duties in providing all Members and Management the necessary support to facilitate teamwork through dedication, cooperation, communication, participation, and preparation, (By-Laws) 1. Collaborates with the Chairperson in setting the regular session agenda and have ready to post by the Wednesday before the 4 th Monday of each month, (P & P) 2. Collaborates with Chairperson when Special, Emergency, and/or Executive agenda according to A.R.S. 38-431.03 (A. 4, 5, and 7) 4 3. Provides in a time efficient manner that Members and Management receive all the necessary supporting documents to review and prepare for upcoming meetings, (P & P) 4. Makes sure the agenda is posted at the District s certified posting place [Hope Chapel] by providing 5-copies in the plastic realtor box located outside the posting site, (P & P) 5. Pursuant to A.R.S. 38-431.02 (C. & B.)3 post the agenda within 24-hours prior to regular session meetings and executive sessions, (P & P) A.R.S. 38-431-.02 (C.-J.) 3 In case of emergency and 24-hour notice cannot be given, the Clerk/Secretary must post an agenda of said meeting within 24-hours declaring the said emergency session was held and list the items covered for the meeting Post regular session agendas the Wednesday before the 4 th Monday of each month and send agenda to Members, Management, County for their website posting (courtesy posting), and the Chair forwards a copy to legal per R2013-12-23A(DistrictLegalUpdate), (P & P) 6. Attends all meetings, provides, and has ready any additional documents to conduct the business of the District, (P & P) Have ready any other documents the public/community might need for said meeting Have ready new Member Packets should potential candidate(s) come forward, (P & P) 7. Provides additional copies of the agenda for public/community use, (P & P) Keeps an accurate record of the meeting s business with the minimum requirements pursuant to A.R.S. 38-431.01 (B) 2 Draft minutes according to the letter and spirit of the law, (The Water Board Bible) Draft to facilitate as an useful reference for Members and Management, and Document the proceedings facts, details, and approvals rather than actual dialogue since the minutes may well be the best defense in future lawsuits, (The Water Board Bible) (CS) At the end of each item summarizes the agenda item as being an: action, tabled, postponed, updated, and follow-up item, and document what Member(s) and/or Management agreed upon to do and/or follow-up on for the next meeting, (CS) The summary at the end of each agenda item also states what the Clerk/Secretary needs to record/follow-up on as an automatic/unsaid expectation of the Clerk/Secretary duties and responsibilities, (CS) Continue to learn proactively, train, and become aware of any updates in legal document recording and/or other areas the Clerk/Secretary is expected to carry out, (TII) 8. Drafts minutes to all meetings within 3-business days, send out to Members and Management, and provide 2-copies at the District posting site [Hope Chapel], (P & P) 3
9. Safekeeping and inventory record of all office equipment purchased by the District, (P & P) 10. Demonstrate organizational skills with attention to detail so District records and procedures are followed according to the rule of law F. Understood/Undeclared Duties of the Clerk/Secretary, (TII) 1. Directly arranges, coordinates, and provides a place for all District Public meetings that can accommodate attendance by the public/community 2. District liaison in setting up for all District meetings at Hope Chapel and/or other meeting place(s) 3. Plans needed requirements for all District Public meetings whether it s regular, special, executive, and/or educational training sessions All documents, reports, and other necessary paperwork for meetings Anticipates for information documents for Board and/or public/community Provide the supplies when educational training requires any necessary items 4. Provides/Maintains appropriate District signage for all meetings 5. District main contact when coordinating and setting up educational training sessions so the needs of all involved are fulfilled 6. Anticipates for unexpected events and tries to resolve the situation The below Board Member agrees to the duties as drafted. This draft will be a work-in-progress during the position s annual duties and be updated as other required duties become known with applicable references. The updated version of this draft will be presented at of the District s last scheduled meeting in December 2014 for approval. BOARD MEMBER SIGNATURE DATE PRINTED NAME OFFICE: 928-778-1888 P.O. Box 26527 Prescott valley, AZ 86312-6527 4
Footnotes 1 A.R.S.16-205. Election dates; notice; administration A. At least one hundred eighty days before each consolidated election date prescribed by section 16-204, each county board of supervisors shall give notice in writing regarding the consolidated election program to each school district, community college district, city, town and special taxing district organized pursuant to title 48, chapters 5, 6, 8, 10 and 13 through 16 in that county. The notice shall state the date of the election. B. The board of supervisors may hold elections only on the dates prescribed by section 16-204. C. The secretary of state shall coordinate the consolidated elections with the board of supervisors. The board of supervisors may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with each political subdivision that participates in a consolidated election in that county in order to administer those elections. After consultation with the political subdivisions that are participating in a consolidated election, the officer in charge of elections shall administer the appointment of election boards. D. Within ninety days of a consolidated election conducted pursuant to this section, the board of supervisors shall prepare a report that provides an itemized account of all costs incurred by the county in administering the election, including an itemized account of all charges made to each political subdivision that participated in that election. Political subdivisions that participated in an election conducted pursuant to this section may request and receive a copy of this report from the board. 2 3 A.R.S. 38-431.01 (B. - E.) B. All public bodies shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive sessions, such minutes or recording shall include, but not be limited to: 1. The date, time and place of the meeting. 2. The Members of the public body recorded as either present or absent. 3. A general description of the matters considered. 4. An accurate description of all legal actions proposed, discussed or taken, and the names of Members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented material. C. Minutes of executive sessions shall include items set forth in subsection B, paragraphs 1, 2 and 3 of this section, an accurate description of all instructions given pursuant to section 38-431.03 2, subsection A, paragraphs 4, 5 and 7 and such other matters as may be deemed appropriate by the public body. D. The minutes or a recording of a meeting shall be available for public inspection three working days after the meeting except as otherwise specifically provided by this article. E. A public body of a city or town with a population of more than two thousand five hundred persons shall: 1. Within three working days after a meeting, except for subcommittees and advisory committees, post on its website, if applicable, either: (a) A statement describing the legal actions taken by the public body of the city or town during the meeting. (b) Any recording of the meeting. A.R.S. 38-431.02 A. Public notice of all meetings of public bodies shall be given as follows: 3. Special districts that are formed pursuant to title 48: (a) May conspicuously post a statement on their website stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings. (b) May post all public meeting notices on their website and shall give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section. (c) If a statement or notice is not posted pursuant to subdivision (a) or (b) of this paragraph, shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give additional public notice as is reasonable and practicable as to all meetings. 4. The public bodies of the cities and towns shall: (a) Conspicuously post a statement on their website or on a website of an association of cities and towns stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings. (b) Post all public meeting notices on their website or on a website of an association of cities and towns and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section. B. If an executive session is scheduled, a notice of the executive session shall state the provision of law authorizing the executive session, and the notice shall be provided to the: 1. Members of the public body. 2. General public. C. Except as provided in subsections D and E of this section, meetings shall not be held without at least twenty-four hours' notice to the Members of the public body and to the general public. The twenty-four hour period includes Saturdays if the public has access to the physical posted location in addition to any website posting, but excludes Sundays and other holidays prescribed in section 1-301. D. In case of an actual emergency, a meeting, including an executive session, may be held on such notice as is appropriate to the circumstances. If this subsection is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I of this section. OFFICE: 928-778-1888 P.O. Box 26527 Prescott valley, AZ 86312-6527 5
E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A of this section, and if, before recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given. F. A public body that intends to meet for a specified calendar period, on a regular day, date or event during the calendar period, and at a regular place and time, may post public notice of the meetings at the beginning of the period. The notice shall specify the period for which notice is applicable. G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours before the meeting, except in the case of an actual emergency under subsection D of this section. The twenty-four hour period includes Saturdays if the public has access to the physical posted location in addition to any website posting, but excludes Sundays and other holidays prescribed in section 1-301. H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. The agenda shall provide more than just a recital of the statutory provisions authorizing the executive session, but need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee or compromise the attorney-client privilege. J. Notwithstanding subsections H and I of this section, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, if the matter was not listed on the agenda and a statement setting forth the reasons necessitating the discussion, consideration or decision is placed in the minutes of the meeting and is publicly announced at the public meeting. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately before the executive session. K. Notwithstanding subsection H of this section, the chief administrator, presiding officer or a Member of a public body may present a brief summary of current events without listing in the agenda the specific matters to be summarized, if: 1. The summary is listed on the agenda. 2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any matter in the summary unless the specific matter is properly noticed for legal action. 4 A.R.S. 38-431.03 (A. paragraphs 4, 5, and 7) A. Upon a public majority vote of the Members constituting a quorum, a public body may hold an executive session but only for the following purposes: 4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. 5. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body. 7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. 5 Records Retention and Disposition Statutes From Arizona State Library, Archives and Public Records!"#$"%#&' Retention and disposition of public records is determined per statute by Arizona State Library, Archives and Public Records through analysis by the professional staff of RMD. Retention is based upon the legal, administrative, historical, fiscal or informational value of the record.!"#$%&'$ Arizona Revised Statutes 41-151.15(B) Records shall not be destroyed or otherwise disposed of by any agency of this state unless it is determined by the state library that the record has no further administrative, legal, fiscal, research or historical value. The original of any record produced or reproduced pursuant to section 41-151.16 may be determined by the state library to have no further administrative, legal, fiscal, research or historical value. A person who destroys or otherwise disposes of records without the specific authority of the state library is in violation of section 38-421. Arizona Revised Statutes 41-151.19 Every public officer who has public records in the public officer's custody shall consult periodically with the state library and the state library shall determine whether the records in question are of legal, administrative, historical or other value. Those records determined to be of legal, administrative, historical or other value shall be preserved. Those records determined to be of no legal, administrative, historical or other value shall be disposed of by such method as the state library may specify. A report of records destruction that includes a list of all records disposed of shall be filed at least annually with the state library on a form prescribed by the state library. Arizona Revised Statutes 38-421 A. An officer having custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who steals, or knowingly and without lawful authority destroys, mutilates, defaces, alters, falsifies, removes or secretes the whole or any part thereof, or who permits any other person to do so is guilty of a class 4 felony. B. A person not an officer who is guilty of the conduct specified in subsection A of this section is guilty of a class 6 felony. From WATER BOARD BIBLE by Miller & Ronnebaum 6 Clerk/Secretary Fulfills the legal requirements about recording, amending, and maintaining minutes. Since the minutes are the official and legal history of discussions, the clerk/secretary must concentrate on both the letter and spirit of applicable legislation, sunshine laws, bylaws, ad Rules and Regulations (AFO Manual revised 3/9/2009). The minutes may well be your last and best defense in lawsuits, employee actions and grievances. 6