Arizona Open Meetings Act
The Arizona Open Meetings Act legislates the methods by which public meetings are conducted. Statutes 38.431.01 of the Arizona code define the law. The statement of purpose of the Open Meetings Act statute 38.431.01 states, "It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward this end, any person or entity charged with the interpretations of this article shall construe this article in favor of open and public meetings." [1]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of open meetings lawsuits in Arizona. For more information go the page or go to Arizona sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
We do not currently have any pages on open meetings litigation in Arizona. To add some see our Sunshine litigation project page.
[edit] Proposed open meetings legislation
[edit] 2010
Here is a list of open meetings legislation for the Arizona in 2010:
| Rating | Bill | Current Status | Progress | Information |
 | House Bill 2003 | Current Status: (Signed 5/11/2010) | 
|
House Bill 2003 is a bill introduced to the Arizona House of Representatives by Rep. Michele Reagan which would require the announcement of a public hearing prior to the creation of a special tax district. In addition to the public hearing, the municipality would be required to post the minutes of the public hearing within three days of the conclusion of the hearing. The bill also requires all districts created by municipalities to comply with the Arizona Public Records Law and the Arizona Open Meetings Act.[1] |
| House Bill 2115 | Current Status: (3/8/2010 Rules Committee, Arizona Senate) | 
|
House Bill 2115 is a bill introduced to the Arizona House of Representatives by Rep. Bill Konopnicki which would require all counties which maintain a website to post the minutes of all open meetings on the website.[2] |
| House Bill 2209 | Current Status:(Signed 4/19/2010) |
|
House Bill 2209 is a bill introduced to the Arizona House of Representatives by Rep. Michele Reagan which would require all public bodies to post open meetings materials and information about the law on their website and require all elected officials to attend open meetings training sessions prior to taking office. The bill also requires that all public bodies post notices of their meetings on their websites, but still retains all other notification requirements. Finally the bill requires that notices of executive sessions include the law under which the exemption is being used. [3] |
| House Bill 2631 | Current Status: (2/2/2010 Held in Committee on the Whole) | 
|
House Bill 2631 is a bill introduced to the Arizona House of Representatives by Rep. David Gowan and others which would allow municipalities to form districts under the State Capitol Centennial Restoration and Economic Recapture Project. The districts would require an open hearing prior to formation. In addition, the act explicitly states that the open records laws apply to the newly formed district.[4]
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[edit] Which government meetings are open to the public?
The law states that a meeting is defined any gathering of a quorum of the members of a public body in order to deliberate and decide on public policy. These provisions include emails and telephone conversations under the definition of open meetings.[5]
Notable exemptions to this definition include:
- Prison hearings, where the governing body can:
- Prohibit the attendance of individuals who pose a threat to the individuals at the hearing
- Require the signing of an attendance log
- Prevent articles from being taken in, excluding recording devices
- Search individuals in attendance
[edit] What government bodies are subject to the laws?
The act defines government body as all boards and commissions of the state and all subdivisions and municipalities. The act also explicitly includes the legislature as well as all private corporations and instrumentalities whose boards are either elected or appointed by the state. [5]
Notable exceptions to this definition include:
- Judicial proceedings
- Legislative caucuses
- Conference committee of the legislature
- Judiciary appointment commissions
- Board of fingerprinting
These provisions include emails and telephone conversations.[6]
[edit] Legislature
The legislature falls under the definition of public body found at Arizona Revised Statutes 38-431 and is subject to the Arizona Open Meetings Act. However, legislative caucuses are exempted.
[edit] Notice requirements
Notice of all meetings, including executive sessions, must be posted at least 24 hours in advanced of the meeting time, not including Sundays, in a conspicuous public location and online if the public body has a website. The act does permit the opening of an emergency meeting so long as it is justified and so long as any results of the meeting are posted within 24 hours. The law also permits a public body to open a meeting within 24 hours of closing another meeting, if the public body announced the next meeting at the previous open meeting. The notice must also include the agenda to the best of the governmental body's knowledge and no topics outside the posted agenda may be discussed at the meeting unless required by an emergency.[7]
[edit] Meeting process
All public bodies must take written minutes or a recording of all their meetings, including executive sessions. The minutes for non-executive sessions need to include the date, time and place of the meeting, the members in attendance, a general, a description of the matters considered, an accurate description of all proposals including the names of members who proposed each motion. The law also requires information on anyone who presented before the board including their names and the subjects of their presentations. All minutes and recordings must be opened to the public within three working days. Towns of over 2500 persons are required to post the decisions and a recording of their meetings online within three days of the meeting and the minutes within two working days. The act also requires all subcommittees to post any decisions and a recording of the meetings online within 10 days of the meetings. Private individuals have the right to record a meeting, provided that the recording does not interfere with the meeting. [8]
The public body may, but is not required to open the floor to the public at one point during the meeting. However, no new agenda items can be added or voted on as a result of this open call. [8]
[edit] Executive Sessions
| Common Executive Session Exemptions | |
|---|---|
| Personal Privacy(Including Employees) | |
| Attoreny-Client Priviledge/Litigation | |
| Security/Police Information | |
| Purchase or Sale of Property | |
| Union Negotiations | |
| Licensing Exams/Decisions | |
| Exempt under other laws | |
Minutes of executive sessions must include everything that public meetings include, except accurate descriptions of all legal actions proposed, discussed or taken, because these should not be conducted during executive sessions. However, the minutes of executive sessions are not open to the public but may be used in courts to determine if the material in question did fall under the executive session exemption.[8]1.01" />
Public bodies may hold private executive sessions when the public is not allowed to attend or listen to the discussions, and the public body is not permitted to take final action. Votes and polls are also forbidden during executive sessions.[9]
The only situations in which a public body may hold a closed executive session are when discussing:
- Personnel (must provide 24 hours written notice to employee)
- Records exempt by law from public inspection. For more information see: Arizona Public Records Law
- Information that falls under the attorney-client privilege exemption. For more information on this exemption in other states see: Attorney-Client privilege lawsuits
- And instructing its representative regarding labor negotiations
- International, interstate, and tribal negotiations
- Purchase, sale, or lease of real property.[9]
[edit] If violated
Any person affected by an alleged violation may commence a suit in the county superior court in order to require compliance with this act. Any fees incurred by an accused public body cannot be paid for with public money unless the public body has specific authority to do so in its definition. They can then take a legal action at a properly noticed open meeting approving the expenditure before debt sinks in.
For each violation the court may impose a civil penalty not to exceed $500 against a violator or someone who knowingly aids, agrees to aid or attempts to aid another person in violating. The restitution will be paid either to the general public fund or to the person affected who brought the case, at the court's discretion.
If the court decides that the violation was in an effort to evade the public or to purposefully withhold information from the public, the court may remove that person from office.
Actions taken within a meeting that violated the open meetings act can be voided by the court and are subject to reconsideration by the public body. [10]
The act also sets out that the attorney general for the political division in which the violation took place is responsible for investigating the violation. [11]
[edit] See also
[edit] External links
[edit] References
- ↑ Final Text of HB 2003
- ↑ Final text of HB 2115
- ↑ Final text of HB 2209
- ↑ Text of HB 2631 as introduced
- ↑ 5.0 5.1 Arizona Statute 38:431
- ↑ Public Meetings and Proceedings, Minutes
- ↑ Arizona State 38.431.02
- ↑ 8.0 8.1 8.2 Arizona Statute 38.431:01
- ↑ 9.0 9.1 Arizona Statute 38:431:03, Executive Sessions
- ↑ Arizona Statute 38.431.05
- ↑ Arizona Statute 38:431:06
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