School Councils Conducting Public School Business in Public Public School Business in Public Presented by Samuel E. Brown, TUSD Staff Attorney

Purpose of the Open Meeting Law (OML) Ariz. Att’y Gen. Opinion I … “The OML is intended to open the conduct of government business to public scrutiny and prevent public bodies from making decisions in secret.” “Devices used to circumvent the OML and its purpose violate the OML and will subject members of the public body and others to sanctions.”

Notice 24 Hours Notice of any meeting Notice to the Public and all members of the School Council Notice must include how to obtain a copy of the Agenda Notice Pitfalls Posted inside a locked building Posted in a place where it can be removed Two sided page posted with only one side showing

The Agenda Must specifically list each item to be considered, discussed or decided at the meeting Use plain language At the meeting … Don’t stray from the agenda

Executive Sessions Generally not applicable to School Councils Legal advice Negotiations Personnel Issues regarding assignment, dismissal, salaries etc. not SECRET Private but not SECRET Agenda and Minutes required

Meeting Locations Must be accessible Keep it a public place Can move it to a larger place if necessary

Public’s Rights Attend Tape record or video tape Listen

BEAT OREGON STATE!!!!!!!!

Public has NO Right to: Speak or Disrupt Warnings are helpful for the record

Call to the Audience Is not required If you have one the Council may only respond as follows: An individual may respond to individual criticism Ask staff to review Ask to place the item on the agenda (& then do it!)

Quorum To hold a meeting you must have a quorum Caution! Quorum = meeting Parking Lots Telephone calls Social events Quorum: the minimum number of members necessary to conduct business

Minutes Meetings must be recorded either through minutes or by being tape recorded Minutes must be made available to the public within 3 working days. Minutes must be maintained for Executive Sessions as well but remain confidential

Minutes - continued Minutes must include: Date, time and place of meeting Members present and absent General description of matters considered Accurate description of decisions made Names of members who propose each motion Names of individuals making presentations to the group and any action taken thereon by the group.

2010 Changes Secretary of state, city clerk, or county clerk must post open meeting materials on their website Each elected official or appointed member of a public body MUST review OML materials at least one day before taking office Public bodies MUST post a statement on their website about the physical and electronic locations where all public notices of their meetings will be posted. Public bodies MUST post public meeting notices on their website

2010 Changes cont. Public meeting can be held even if technological failure prevents the posting of notices online, as long as other requirements are met If exec. session is held, a notice MUST state the provision of law authorizing the session and MUST provide notice to members of the public Within 3 working days after a mtg., MUST post all actions and recording (minutes) of the meeting, and must remain posted for one year Sub-committees and Advisory-committees must take minutes or record

Sanctions for Violations of the OML Members and any person who aids in the violation $500 civil penalty per violation Reasonable attorney fees Other equitable relief If intent is to deprive public of information – member may be removed from office and must pay costs and fees.

Avoiding Sanctions Remember and respect the purpose of the OML Don’t take shortcuts Remember the QUORUM rules

OOPS! All actions taken in violation of the OML are null and void. What to do if you realize that you’ve made a mistake …. RATIFY

Ratification Ratification is the manner by which you correct a mistake. Must be timely … within 30 days of discovery (or when the violation should have been discovered)

School Councils Conducting Public School Business in Public Conducting government business, that is, public school business, in a manner that is open to public scrutiny and where decisions are not made in secret. As a public servant, this is your responsibility to those you serve.

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