Members, let us clarify what we can regarding your questions and comments concerning the following topics:
Regarding the FOIA, or Freedom of Information Act
Technically, this Act applies only to the federal government. However, most states have similar open meetings/open records (sometimes called “sunshine laws”) for their tax-funded, or public, entities. These tend to be casually referred to in whole as FOIA laws, and the intent is the same as the federal law.
Arizona’s Open Meetings Law applies only to public entities. As a private, members-only organization, the Recreation Centers of Sun City West falls under Arizona Revised Statutes, Title 33, Chapter 16, Planned Communities. The statute that applies to us also has requirements regarding open meetings that the Board must follow. Additionally, our Bylaws are written to reflect the state requirements, and if there are any differences or conflicts, the state law takes precedence. Our Bylaw regarding our Board meetings can be found here.
Regarding Mr. Hurley remaining on the Board
Because Owner Members voted Mr. Hurley onto the Board, the other Directors cannot remove him from the Board except under very limited circumstances – if he is no longer eligible to be an Owner Member in the Association; if he is no longer in good standing; and if he is no longer available to attend meetings.
Other than those limited circumstances, a Director can only be removed by the membership, through a recall. However, because Mr. Hurley already survived a recall during his term, both state law and our Bylaws are clear that he cannot face another recall.
Regarding Mr. Hurley’s position as president
The Bylaws do allow the Board to remove a Director from an Officer position, which happened in this case when Mr. Hurley was suspended as president. As stated earlier, the decisions regarding Mr. Hurley were made by the Board in closed Executive Session. We do not know why the temporary suspension was made, or the later decisions to permanently remove him as president and then reverse that decision. The Governing Board special meeting that was scheduled for March 27 was canceled because the only item on the agenda was discussion and vote on removal of Mr. Hurley as GB President, which is now unnecessary after Mr. Hurley resigned the presidency. For any other information about this situation, please contact the Board.
For the good of the community, the board should encourage Mr. Hurley to resign.
So based on your own explination: Because Owner Members voted Mr. Hurley onto the Board, the other Directors cannot remove him from the Board except under very limited circumstances – if he is no longer eligible to be an Owner Member in the Association; if he is no longer in good standing; and if he is no longer available to attend meetings.
Why wasn’t Mr. Hurley automatically been removed when he was no longer in good standing on February 27th.That is the question all of us are asking – why that by law was NOT followed.
Everything that transpired after February 27th is irrelevant. Mr. Hurley should not have been on the board when he was no longer in good standing. So all the money that has been spent on this needs to be clarified for the residents.
Ms. Brunner, we do not have any additional information. Please direct any further questions to the Governing Board at 623-544-6115. Thank you.
and please update the website and remove Mr. Hurley as president.
Ms. Brunner, Mr. Hurley has been updated on the website: https://suncitywest.com/governingboard/. If you still see him showing as President, please refresh your screen. If you are talking about BoardDocs (gb.suncitywest.com) please contact the Governing Board Office at 623-544-6115. Thank you.