1. Monique Coady, Assistant City Attorney
open meeting law training Arizona Municipal Clerks’ Association Annual Conference July 28, 2016
Monique Coady,
Assistant City Attorney

2. OVERVIEW
Open Meeting Law – Six Areas of Caution
Consequences for Failing to Comply
Common Pitfalls
Resources (and why they are important)

3. Statement/Notice/Agenda
Quorum
Subcommittees
Executive Session
Call to the Public
Minutes

4. STATEMENT
Public bodies of cities and towns must conspicuously post a statement on their website that identifies where notice of its meetings will be posted, including both the physical and electronic location of where the meeting notices will be posted.
Cities and Town may post on the website of an association of cities and towns.
A.R.S. § (A)(4)(a).

5. NOTICE
Public bodies of cities and towns must post public meeting notices on their website. Cities and Town may post on the website of an association of cities and towns. A.R.S. § (A)(4).

6. 1. Notice of a public meeting must be posted __ in advance of a meeting of a public body. a) 1 hour b) 24 hours c) 3 working days d) 6 months

7. 2. The 24-hour period includes Saturdays if the public has access to both the physical and electronic locations where the notice of the public meeting has been posted.
True/False
The agenda must be physically and electronically posted with the meeting notice.

8. AGENDA
Agendas for public meetings shall list the specific matters to be discussed, considered or decided at the meeting. A.R.S. § (H). Agendas must contain information reasonably necessary to inform the public of the matters to be discussed or decided. A.R.S. §

9. 4. The public body may discuss, consider or make decisions only on matters listed on the agenda and related matters. True/False

10. 5. A presiding officer or member of a public body may provide a brief summary of current events without listing each event separately, as long as the agenda lists the summary and the public body does not propose, discuss, deliberate or take legal action on a summary item at the meeting. True/False

11. QUORUM
 A “meeting” means the gathering, in person or through technological devices of a quorum of a public body at which they discuss, propose or take legal action, including deliberations.
A.R.S. § (4).
Includes deliberations, considerations, consultations.
Includes matters that may foreseeably require final action or a final decision, commitment or promise.

12. QUORUM
Legal Action
“Legal action” is a collective decision, commitment or promise made by a public body. A.R.S. § (3).

13. QUORUM A quorum is a majority of the members of the public body.
A.R.S. § 1-216(B).

14. 6. The meeting has commenced with exactly a quorum
 6. The meeting has commenced with exactly a quorum. A member leaves the room to take a phone call. Does the meeting have to be halted?
a)Yes
b)No

15. SUBCOMMITTEES
Arizona’s Open Meeting Law applies to “Public bodies,” which includes among other things, “all standing, special or advisory committees or subcommittees of, or appointed by, the public body.”
A.R.S. § (6).

16. SUBCOMMITTEES
“Advisory committee” or “subcommittee” means any entity, however designated, that is officially established, on motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body. A.R.S. § (1).

17. 7. Subcommittees and advisory committees must follow the same requirements as the main public body, including posting a statement and notice of meetings, preparing an agenda, following the agenda, ensuring a quorum, taking written minutes or recording all meetings, etc. True/False

18. EXECUTIVE SESSION

19. 8. A public body may vote to go into executive session for which of the following reasons:
Personnel matters
Confidential records
Legal advice
Litigation, contracts and settlement discussions involving attorney consultation
Employee salary discussions
International, interstate and tribal negotiations
Purchase, sale or lease of real property
Snacks for the next meeting

20. The public body needs a quorum during the Executive Session.
True/False
Only individuals whose presence is reasonably necessary may attend the Executive Session.

21. EXECUTIVE SESSION
Must be properly noticed and agendized (i.e., include possibility of executive session in the meeting notice and agenda)
Seven specific limited reasons, A.R.S. § (A)
Separate minutes are kept
No voting or informal decision-making
Discussion is confidential

22. CALL TO THE PUBLIC

23. CALL TO THE PUBLIC
All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings.
A.R.S. § (A).

24. 11. A member of the public has the right to videotape an open meeting.
True or False

25. CALL TO THE PUBLIC Public’s rights Attend meetings
Listen to deliberations
Record meetings
Expect Americans with Disabilities Act compliance
No right to speak

26. CALL TO THE PUBLIC Calls to the public are permitted, but not required
Must be included as an agenda item
Public body may limit speaker’s time
Members of the public who speak must provide a name

27. CALL TO THE PUBLIC A.R.S. § 38-431.01(H).
Public can address any issue within jurisdiction of the Public Body.
A.R.S. § (H).
If it is not an agenda item, the public body’s response is limited to:
Directing staff to study the matter
Asking that a matter be placed on a future agenda
Responding to criticism

28. MINUTES

29. MINUTES
Within three working days after a meeting, the minutes or a recording of the meeting shall be available for public inspection.
A.R.S. § (D).

30. MINUTES
A public body of a city or town with a population of more than two thousand five hundred persons shall:
Within three working days after a meeting,post on its website, if applicable, either:
(a) A statement describing the legal actions taken by the public body of the city or town during the meeting.
(b) Any recording of the meeting.
A.R.S. § (E).

31. MINUTES
A public body of a city or town with a population of more than two thousand five hundred persons shall:
Within two working days following approval of the minutes, post approved minutes of city or town council meetings on its website, if applicable, except as otherwise specifically provided by this article.
A.R.S. § (E).

32. MINUTES
Within ten working days after a subcommittee or advisory committee meeting, post on its website, if applicable, either:
(a) A statement describing legal action, if any.
(b) A recording of the meeting.
A.R.S. § (E).

33. MINUTES Must include: date, time and place of the meeting
members present/absent
general description of matters considered
accurate description of all legal actions proposed, discussed or taken
names of the persons, as given, making statements or presenting material and a reference to the agenda item/business of city
A.R.S. § (B).

34. MINUTES
Executive Session Minutes (written minutes or a recording) shall include:
date, time and place of the meeting
members present/absent
general description of matters considered
accurate description of instructions given in exec session, re: contracts, employee organizations, and real property
other matters as deemed appropriate by the public body
A.R.S. § (C).

35. MINUTES
Executive Session Minutes shall be kept confidential from the public.
A.R.S. § (B).

36. What are the consequences for failing to follow the Open Meeting Law?

38. 12. Which of the following has authority to
12. Which of the following has authority to file a lawsuit in superior court over an alleged violation of Arizona’s Open Meeting Law?
Office of the Arizona Attorney General
Office of the Arizona Ombudsman
County Attorney’s Office
City Attorney’s Office
Pokemon

39. 13. Unless authorized by statute, a public body cannot expend public funds to pay for legal costs if a lawsuit is filed for an open meeting law violation. True or False

40. Effect of Violations
Nullification of legal action taken at meeting
Investigation
Potential penalties:
Up to $500 per violation
Attorneys’ fees
Removal from office
Embarrassment

41. Ratification
shall take place at a public meeting within thirty days after discovery of the violation or after such discovery should have been made
notice for the meeting shall include a description of the action to be ratified, a clear statement that the public body proposes to ratify a prior action and information on how the public may obtain a detailed written description of the action to be ratified.

42. Ratification
shall make available to the public all deliberations, consultations and decisions by members of the public body that preceded and related to the action.
make available to the public the notice and detailed written description at least seventy-two hours in advance of the public meeting at which the ratification is taken.
A.R.S. §

43. Microsoft Engineering Excellence
Pitfalls to Avoid
Microsoft Confidential

44. PITFALLS Failing to have a quorum
Failing to provide Notice and an agenda at least 24 hours in advance
Taking legal action on items not on the agenda
Failing to realize a subcommittee is also subject to the Open Meeting Law.
Taking legal action in an executive session.

45. PITFALLS E-Mail. Violations include:
- Discussions between less than a quorum that are forwarded to a quorum.
- Discussions between less than a quorum that are then communicated to enough other members so that the total number aware constitutes a quorum (serial communications).

46. PITFALLS E-Mail. Okay to:
- Propose an agenda item, without stating your opinion on the item.
Pass along information, without
stating your opinion.

47. Resources (and why they are important)
Microsoft Engineering Excellence
Resources (and why they are important)
Microsoft Confidential

48. Effective July 29, 2010: The secretary of state for state public bodies, the city or town clerk for municipal public bodies and the county clerk for all other local public bodies shall conspicuously post open meeting law materials prepared and approved by the attorney general on their website. A person elected or appointed to a public body shall review the open meeting law materials at least one day before the day that person takes office. A.R.S. § (G).

49. Arizona Ombudsman http://www. azoca
Arizona Ombudsman Office of the Arizona Attorney General Secretary of State

50. Microsoft Engineering Excellence
Questions?
Microsoft Confidential