Nogales council adopts ethics code, updates police orders, approves IGAs and stops septic dumping pending ADEQ compliance

The Nogales City Council on Aug. 6, 2025, approved a package of measures affecting city governance, public safety, infrastructure funding and environmental compliance and took immediate action to halt acceptance of septic‑hauler discharges until the city can meet new Arizona Department of Environmental Quality (ADEQ) testing requirements.

Key actions and votes

- Ethics code for elected officials and advisory board members: The council adopted a policies and code of conduct that establishes standards for ethical behavior, meeting procedures, conflict-of-interest disclosures and enforcement steps. The ordinance passed 5‑2.

- Police general orders: Council voted to approve implementation of updated Nogales Police Department general orders — a 300‑plus‑page set of policies that govern daily operations and procedures. The measures were vetted by outside counsel and the city attorney and were approved by voice vote.

- Opioid settlement participation: Council authorized the city to join the proposed national opioid manufacturer settlements (manufacturers listed on the agenda) and to complete and submit required documentation by the Oct. 8, 2025 deadline. The motion carried; participation would make the city eligible for future settlement distributions to be used for opioid‑remediation programs spelled out in the national agreement.

- Intergovernmental agreements (ADOT): The council approved three ADOT IGAs for road improvements with the following funding: Frank Reid Road ($1,500,000), La Quinta Road ($1,000,800) and Industrial Park Road ($2,000,900). The IGAs were approved unanimously.

- Capital and facilities approvals: The council authorized purchase of two 2026 Ford Maverick XL 4‑wheel‑drive hybrid trucks from state contract for $66,001.54 and approved renovation of Paloduro Swimming Pool in an amount not to exceed $173,847.97.

- In‑kind support and community events: The council approved in‑kind services for Circles of Peace’s Nogales Bicycle Classic (requested amount $3,308.76) and for the Cultural Arts Committee’s Fiesta Patrias at Cairn Park. Both requests were approved.

- Appointments: Council appointed Mary Darling to the Nogales‑Santa Cruz County Public Library board of directors (motion passed 4‑3) and appointed Ana Parada to the Greater Nogales‑Santa Cruz County Port Authority board (motion passed 4‑3); council discussion noted the Port Authority traditionally coordinates with the mayor as the city’s primary elected representative.

- Septic‑hauler acceptance and ADEQ compliance: After extended discussion of new ADEQ sampling and monitoring requirements for septage and portable‑toilet waste, the council directed staff to suspend acceptance of septic hauler discharges to the city sewer system until required sampling, chain‑of‑custody, and testing protocols are in place. Councilman William Doyle moved to give that direction to staff; the motion carried 6‑1. City staff and the city attorney advised the council that continuing to accept loads without ADEQ‑compliant sampling could expose the city to substantial fines.

What the settlements and approvals mean

The opioid settlement authorization does not distribute funds immediately; municipalities that opt in become eligible to receive allocations once the national distribution is calculated. The settlement limits future claims against participating manufacturers and requires funds to be spent on specified remediation activities (treatment, naloxone distribution, prevention and recovery services, etc.).

The general orders for the police department were reviewed by outside counsel and the city attorney and are intended to update decades‑old policies and relieve the city council of direct fiduciary oversight of those plans. The ethics code establishes a complaint and enforcement process that can lead to administrative sanctions; councilmembers noted the code is a living document that can be amended later.

Council comments and next steps

Council members framed the septic issue as time‑sensitive because ADEQ guidance and enforcement could carry six‑figure penalties if the city accepts noncompliant discharges. City Manager Joel Kramer and City Attorney Rodney Estes told council members they would bring proposed ordinance edits, fee schedules and administrative procedures back to council for formal adoption if members want staff to implement a monitoring program, or staff will proceed to shut down the service pending a longer policy review.

The IGAs with ADOT move planned road improvements forward with defined state funding. Appointments and special‑event approvals proceed under usual city processes. Several items — including a proposed ordinance to amend water‑rate code language related to mobile‑home residential communities — were tabled for the next meeting to allow the city attorney to clarify whether the change would affect other parks and communities.

Votes at a glance (selected items)

- Policies and code of conduct (Order 2025‑08‑022): Adopted (5‑2) - Police general orders: Adopted (voice vote) - Opioid settlement opt‑in: Approved (motion carried) - ADOT IGAs (Frank Reid, La Quinta, Industrial Park): Approved (unanimous); funding: $1,500,000; $1,000,800; $2,000,900 - Paloduro Pool renovation: Approved (not to exceed $173,847.97) - Purchase of two Ford Mavericks: Approved ($66,001.54) - In‑kind support — Circles of Peace Nogales Bicycle Classic: Approved ($3,308.76 in‑kind) - Library board appointment (Mary Darling): Approved (4‑3) - Port Authority appointment (Ana Parada): Approved (4‑3) - Septic‑hauler acceptance: Staff directed to suspend acceptance until ADEQ‑required sampling and protocols in place (6‑1)

Why this matters: the meeting combined governance reforms (ethics code, police orders), infrastructure financing (ADOT IGAs), community programming (in‑kind support) and a public‑health/environmental decision to curtail septic dumping until ADEQ requirements are satisfied. The cumulative package affects city operations, liability exposure and short‑term community services.