Role of the Public Access Ombudsman A.R.S. § Investigate complaints relating to public access law. Train public officials and educate the public on the rights of the public under the public access laws.

Jurisdiction over State Agencies Contrary to law. Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion or unnecessarily discriminatory, even though they may be in accordance with law. Based on a mistake of fact. Based on improper or irrelevant grounds. Unsupported by an adequate statement of reasons. Performed in an inefficient or discourteous manner. Otherwise erroneous.

Online Educational Materials Presentations – link to Arizona League of Cities and Towns training videos Open Meeting > Publications Public Records > Publications Recent Developments

Formal Investigation Notice of Investigation Preliminary Report – 15 working days to respond Final Report – 20 working days to respond Final Report with the Agency response is sent to the agency, the complainant, the appropriate legislative committees and the Governor

Scenario—Posting Notices and Agendas On Saturday morning at 7:30am, a fire district ed its board members an agenda for a board meeting on Monday morning at 8:00am. It posted the agenda at the physical locations prior to 8:00am on Saturday. The District did not post the agenda on the website. The website states that the notices will be posted online. Some board members did not check their until 6pm Saturday night including the District secretary, who is responsible for the online postings.

Scenario—Quorum A hospital district voted to have one of their board members serve as the full time interim executive director. The interim executive director participates at district meetings as a board member. Without the interim executive director’s participation as a board member, they would not be able to obtain a quorum.

Scenario—Texting A member of the public complained that a board member was texting a speaker during the call to public. It appeared that the board member was telling the member of the public what to say while he was at the podium.

Scenario—Confidential Information A board member made a public records request for a memo from their attorney to the town. The town responded by placing an item on the agenda for an executive session. The board member wants to discuss the content of the memo, based on his understanding of its contents, with the media prior to the meeting.

Scenario—Call to the Public The chair of a town council stepped down during the call to the public and criticized a board member for her behavior in a past meeting.

Scenario—Town Hall Meetings City hosts Town Hall meetings where citizens can meet municipal officials and City Council members and ask them about City business. The Council consists of seven members. What if 3 Council members are on the panel with other officials and staff? How about 4 members? What if 3 Council members are on the panel and 2 are sitting in the audience? What if none of the Council members answer questions or speak about business, other than to praise the performance of the staff?

Scenario—Call to the Public A woman takes the podium at Call to the Public during Town Council meeting. She turns to face the audience and criticizes the Council’s policies and actions. Can the Council have the police remove her from the meeting at this point? What if she began yelling and cursing in her criticism of the Council? What if she merely sat in the front row with a sign on her shirt calling the Council members “stormtroopers?”

Scenario—Staff Briefings City Council of seven members appoints a Town Manager to act as chief executive officer. Due to misconduct, Town Manager forced to terminate senior department head. She wants to brief the Council about it and can’t wait until next regular meeting. Town Manager sets up meetings with groups of three Council members, one after the other, and briefs them. Any problem?

Scenario (cont’d.) Does it matter if only the Town Manager talks or if the Council Members ask her questions? What if one Council Member from the first group talks to the second group about her thoughts and concerns? What if the Town Manager decides to send an to all Council Members about the situation instead of holding the group meetings to brief the Council?