Fountain Hills restores a revised 'call to the public' after lengthy public and legal debate

Fountain Hills — The Town Council voted on Feb. 3 to restore a revised version of the council’s rules of procedure and reinstate the 'call to the public,' moving public-comment time to the end of the agenda and adding new decorum and procedural requirements.

Town Attorney Jen (presenting the item) said the revisions followed a work session on Jan. 20 and were drafted to bring call‑to‑the‑public back after its removal on Nov. 18, 2025; key changes include a maximum total public-comment period of 30 minutes for non‑agenda items, no maximum number of speakers within that cap but a three‑minute limit per speaker, and an instruction that anyone bringing professional audio/video equipment must notify the town manager or designee at least one hour before the meeting. The attorney said the changes were informed in part by decorum provisions used by other municipalities and that the professional-equipment rule is a notification requirement, not a ban on recording by the public or the media.

The decision prompted a long council exchange and a substantial public comment section. Councilmember McMahon argued the language was vague and could infringe First Amendment protections, specifically questioning undefined terms such as 'professional' equipment and concerns about limiting council debate to two minutes during deliberations. McMahon said such provisions were overbroad and that moving comment to the end of meetings would discourage participation by workers and seniors. Several other council members and residents countered that guardrails were necessary after disruptive conduct at prior meetings and that the changes would restore public participation while enabling orderly meetings.

Multiple residents testified; some urged full restoration without added restrictions, while others supported the added decorum and the rule changes. Beth Culp and Renee Arion urged legal review for constitutionality; Vice Mayor Skilcorn and Councilmember Larabee said the rules are consistent with those used in other Arizona municipalities and argued they would improve civility and balance in public comment.

On roll call the council approved the revised rules (transcript records the motion as passing by a majority vote recorded as 5–2). Vice Mayor Skilcorn explained that a 'yes' vote restored the call to the public and described the vote as supporting public participation within the clarified procedures.

The adopted changes are effective immediately; the town clerk and staff will implement the revised speaker-card procedure and the equipment-notification process for future meetings, and the town attorney said she would monitor any legal concerns raised about the language.