These are the current ordinances for the Town of Hot Springs. Please use the links below to access each Chapter.
THE TOWN ORDINANCES CAN BE ACCESSED BY TITLE USING THE LINKS BELOW:
Title 2-Administrative Personnel
Title 4 – Reserved
Title 7 – Reserved
Title 11 – Reserved
Title 14 – Reserved
Title 15-Building Codes and Trailer Courts
Title 18-Environment and Decay
APPENDICES:
APPENDIX Encroachment Permit FINAL 2011IT
Greetings,
I would like to extend my thanks to a job well done by the Mayor, Council and Planning commission, congratulations to the new hire and kudos to the town staff. The job of a public servant whether elected or hired is a daunting experience. Holding a “position of trust” requires these individuals to be held accountable to the electors as well as the letter of the law to include town ordinances, county, state and federal laws. To this end it is critical for town officers to understand and refer to these rules when needed and as a general course of due diligence. Thank you again for your service.
I have spent considerable time reviewing Town Council, Planning and Special Council meetings for the last year or so and have attended many meetings in the past. I have noticed that these entities to include our Attorney, do not refer to the rules when confronted with questions of procedure for scheduled meetings. I encourage the Mayor to hold firm to these rules or follow the procedures outlined in 2.04.080 Rules of the council A –U. Not following these procedures may have eroded orderly and LEGAL public meetings. During the last special meeting several questions were asked which could have been answered by council, attorney and mayor who were present by consulting the following from our Town Ordinances. I have enclosed references to applicable questions.
Chapter 2.04 COUNCIL
2.04.050 Quorum. A majority of the members of the council shall constitute a quorum for the transaction of business, but a lesser number may meet and adjourn to any time stated, and may compel the attendance of absent members under such rules and penalties as the council may prescribe. (Prior code Section 2-5-04)
This is disturbing on a legal basis, if the town is proven to have violated open meeting laws then the nullification and accountability issues are huge for our town officers and public servants. It is reasonable to have a discussion of qualifications by the council for a town attorney to include proper procurement procedures for pre-identified and agreed upon contracted legal services. The Town Attorney position includes the following responsibility under our town ordinances….
“Chapter 2.20 2.20.020 Concurrent jurisdiction
B. Applications for search warrants and complaints charging the commission of a felony may be filed in the town court. When they are filed, the town judge has the same jurisdiction and responsibility as a justice of the peace, including the holding of a preliminary hearing. The town attorney may file an application for a search warrant or a complaint charging the commission of a felony when the offense was committed within the town limits. The county attorney, however, must handle any action after a defendant is bound over to district court. (Ord. 1990-2 Section 1 (part), 1990)”
This is an important distinction for this particular legal contractor because of past and present participation as board member on Planning Commission, Growth Commission, City Council Advisor and Government Review Commission.
In conclusion I would like to make the following observation. When official meeting protocols are not consistently followed by council and enforced by the chairman then the public, who does look at the rules and attend meetings, may become contentious. This also means that open meeting laws are being marginalized if not broken. This creates the perception that due diligence is not being conducted by presiding officials. It is the duty of all involved to eliminate this perception. Thank you for your participation in our town!
Ed Persico