Transparent Surprise an Open Book to a Clearer Vision for our City

SEPT. 3rd UPDATE: This was up for a vote on the consent agenda as item #12. As seen on video early in the meeting (see starting at 18:45), a concerned citizen asked the City Council to hold off of approving the proposed updates until further changes could be reviewed again in light of recent events at the August 20th City Council meeting, and Councilmember Chris Judd recommended it be stricken from the consent agenda before the vote was taken, and it was taken off from the vote!! Thank you, citizens of Surprise for making your concerns known. 

HISTORY: The city council working meeting agenda August 6, 2024 included changes to the Council Policies and Procedures manual that raise the following concerns: 

1. The mayor can form/abolish working groups at any time that are NOT subject to Open Meeting Laws. This would allow said working groups to meet behind closed doors in sessions not open to the public and not have the minutes or other records available to residents to see or view.  

2. For an alleged violation of the Policies and Procedures manual, complaints can ONLY be originated by a City Council Member. The city is trying to make it so that normal residents CANNOT make a complaint on councilmembers like happened with Councilmember Aly Cline and her violations or their code of conduct about her behavior during the election season (outside of the law breaking). 

These were recommended by the City Attorney Robert Wingo to the Rules Committee (Nick Haney & Ken Remley).

A live analysis that you can comment on is posted here:

  Surprise Changes to Council Policies and Procedures Manual - 4 p.m. Working Session - Aug. 6, 2024

Detailed Analysis

Unlawful Conduct at Surprise City Council Meeting on August 20, 2024: 

What You Need to Know

SEPT. 3rd UPDATE: The Foundation for Individual Rights and Expression officially filed a lawsuit against the City of Surprise for the events that took place on August 20, 2024 at the Surprise City Council Meeting. Read their press release here: https://www.thefire.org/news/lawsuit-arizona-mom-sues-city-after-arrest-criticizing-government-lawyers-pay

Recently, a significant event unfolded at a Surprise, Arizona, City Council meeting that has raised serious concerns about transparency, accountability, and the upholding of constitutional rights in our community.

What Happened?

During a City Council meeting, Rebekah Massie, a resident of Surprise, was forcibly removed by police officers after she attempted to speak during the public comment period about an agenda item concerning the city attorney's salary. Mayor Skip Hall interrupted her, citing a section of the council's "Policies and Procedures" manual, which he claimed prohibited her from speaking on the matter. When Ms. Massie argued that the manual's policy violated her First Amendment rights, Mayor Hall had her removed from the meeting. She now faces charges of trespassing, obstructing government operations, and resisting arrest.

Watch Here the video reposted by 12 News: https://youtu.be/q_ZQasQJcQ0?si=b0-TrQ4Dq42MqkAz&t=74

For a detailed account of the incident, you can watch the full video of the City Council meeting, the incident takes place right at about 2 hours into the meeting: https://surpriseaz.portal.civicclerk.com/event/4076/media

Why This Matters

1. Violation of Open Meeting Laws: Arizona’s Open Meeting Law (A.R.S. § 38-431.01) ensures that all meetings of public bodies are open to the public and that citizens have the right to speak on matters within the body's jurisdiction. Ms. Massie was within her rights to speak on an agenda item related to city governance. The mayor’s actions to silence her were not only undemocratic but also potentially illegal. For more on Arizona’s Open Meeting Law, visit [this link](https://www.azleg.gov/arsDetail/?title=38).

2. Improper Use of City Guidelines: Mayor Hall referenced a "Policies and Procedures" manual to justify his actions. However, this manual is not law—it serves as a set of guidelines for council meetings. City ordinances, such as Sec. 2-80, dictate that meetings must be conducted according to Robert’s Rules of Order, a recognized standard for parliamentary procedure. These rules were not followed during the meeting. To review the applicable city ordinances, click [here for Sec. 2-80](https://library.municode.com/az/surprise/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTIIICICO_DIV4PAPRPR_S2-80APRUPAPRPR).

3. Lack of Proper Procedure by Law Enforcement: The officer who removed Ms. Massie did not follow standard procedure. He did not give a clear order for her to leave, did not identify himself properly, and initiated physical contact before explaining the reason for her detainment. This raises questions about the proper use of police authority and whether her removal was handled lawfully.

Call to Action

• The charges against Rebekah Massie should be dropped, as her rights were clearly violated. The Mayor’s actions have sparked outrage and concern about the abuse of power and the infringement of our community’s rights. It’s crucial that we stand together to demand accountability and transparency from our city officials.

• If you believe in upholding our rights to free speech and fair governance, consider supporting Rebekah Massie's legal defense. You can donate to her legal fund [here]( https://www.givesendgo.com/standwithmassie). Every contribution helps fight for justice and ensures our community remains a place where every voice can be heard.

For further reading, check out these articles discussing the incident:

• Reason Magazine on the Incident (https://reason.com/2024/08/27/brickbat-surprise-ejection/)

• Arizona Daily Independent Coverage (https://arizonadailyindependent.com/2024/08/27/mayor-elect-kevin-sartor-condemns-arrest-of-surprise-resident-defends-first-amendment-rights/)

• Blaze Media Report: https://www.theblaze.com/news/arizona-mayor-has-mom-arrested-after-she-criticized-city-official-at-city-council-meeting-in-apparent-defiance-of-rule

Let’s work together to ensure that Surprise, Arizona, is a community that values transparency, accountability, and the fundamental rights of all its residents.

Sources: 

1. Arizona Daily Independent Coverage: This article discusses the incident involving Rebekah Massie and includes statements from Mayor-elect Kevin Sartor condemning the actions taken during the city council meeting. [Read more here](https://arizonadailyindependent.com/2024/08/27/mayor-elect-kevin-sartor-condemns-arrest-of-surprise-resident-defends-first-amendment-rights/).

2. Reason Magazine Article: Provides a detailed account of Rebekah Massie's removal from the meeting and the legal and constitutional concerns it raises. [Check out the article](https://reason.com/2024/08/27/brickbat-surprise-ejection/).

3. Blaze Media Report: Another perspective on the incident, discussing the arrest and the potential violation of free speech rights. [Read the full story here] https://www.theblaze.com/news/arizona-mayor-has-mom-arrested-after-she-criticized-city-official-at-city-council-meeting-in-apparent-defiance-of-rule 

4. City of Surprise CivicClerk Portal: You can watch the full video of the City Council meeting where the incident occurred at the end of the meeting. [Watch the video](https://surpriseaz.portal.civicclerk.com/event/4076/media).

5. Arizona Revised Statutes on Open Meeting Law: Review the specific laws governing public meetings in Arizona. [Read the statutes here](https://www.azleg.gov/arsDetail/?title=38).

6. Surprise, AZ City Ordinances: Look up the relevant city ordinances regarding the conduct of city council meetings, including the application of Robert's Rules of Order. [Explore the ordinances](https://library.municode.com/az/surprise/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTIIICICO_DIV4PAPRPR_S2-80APRUPAPRPR).

 Thanks to CP for doing the research and sharing this summary.