THE ARIZONA OPEN MEETING LAW (OML)
Arizona Open Meeting Law – A.R.S. § 38-431 Law – Attorney General – City Code 2-60 Purpose – Transparency – Public Access – All Information is Public The business of the public should be conducted in public 2
Applicability All Public Bodies • State and Political Subdivision Governing Boards – City Council and Subcommittees – City Boards, Commissions, Committees – Advisory Committees and Subcommittees Exceptions • Single agency/department head • State Legislature 3
Applicability All “Meetings” Gathering in person or through technological devices of a quorum of members of a public body at which they discuss, propose or take legal action Legal Action: • Discussions, deliberations, consultations among majority of the members of the public body for matters that may require final action or decision • Applies to when business is discussed, not just action • Executive Sessions for specific purposes are not “open” 4
Meeting Notices and Agendas Must be posted at least 24 hours in advance of the meeting time If not posted – meeting cannot be held Posting • Official posting board (legal) • Web (required) • Must be specific • The body, date, time, place • Specific agenda items to be discussed, considered, or decided • Reasonable description to inform public of what will be discussed 5
Communication and Discussion At the Meeting • Allowed – Discussion of an item listed on the agenda – Action on item noticed for action on the agenda • Prohibited – Discussion/action on matters not listed on the agenda – Discussion or action without a quorum present • Cannot conduct meeting without a Quorum (half+1) • Quorum can be lost during meeting 6
Quorum Quorum • Majority of appointed members • Majority of number of seats on board • Specified by the ordinance, charter or bylaws, or • Defaults to Robert’s Rules: Majority of voting members 7
Calls to the Public • Public can comment on non-agenda items • The Body cannot discuss or respond, but can: – Have speaker fill out a card – Impose time restrictions – Ask staff to follow up or place on future agenda – Respond to personal attacks • Public comment is provided at all Phoenix City Council meetings and public expects at all other meetings 8
Conflicts of Interest • An interest which might be seen as conflicting with Board responsibilities • May be personal or professional • If a member has a conflict on an issue – must disclose the actual / potential conflict – shall not discuss or vote on the matter – shall not be counted for quorum • Conflicts must be recorded in the minutes 9
Communication and Discussion Outside the Meeting • Allowed: – Communication with staff for clarification or information about an item on the agenda (other members should not be included in the communication) • Prohibited: – Requesting staff to poll other members for opinions on issues – Communication among members of the Body on current or potential action items – Separate or serial discussions with a majority of the members of the body on a potential action item 10
Issues with Email Chains & Social Media Dialogue • E-mail discussions that start out with less than a quorum of the members and are later forwarded to a quorum by a board member or at the direction of a board member violate the OML. • Even if an initial e-mail does not violate the OML, if enough board members to constitute a quorum respond to it, there may be a violation of the OML. • A quorum of the members might independently e-mail other board members on the same subject, without knowing that fellow board members are also doing so. • Social media dialogue between less than a quorum of members may also become a violation if the posts are shared or if multiple members begin commenting. 11
Protocol for Board Members to Relay & Transmit Information • If a member has information they wish to share with other members they do so by sending to the board liaison. • The liaison will distribute it to other board members as part of the packet. • Relaying and transmitting via email may trigger an unnoticed serial discussion leading to a violation of OML. 12
Circumventing the Open Meeting Law Splintering Quorum Separate or Serial Discussions with Other Members • Deprives the Public of its right to listen to deliberations on topics that may be presented to the public body for a decision. • Removes discussions and decisions from public view • May undermine public confidence in the decision making process 13
Public Confidence is Important Be Aware of Public Perception – Citizens don’t know what you know – Citizens can “perceive” a general conversation among public body members as “having a discussion outside of an open meeting” – You represent knowledge to the public – be cautious that your personal views are not seen as the viewpoint of the public body. – If in doubt, don’t do it 14
Attending Other Meetings • Official vs. Individual Capacity – Official Duties – Personal Opinions • Things to Remember when in acting in Individual Capacity – Best not to identify as board member – Not speaking on behalf of board – Vital to note when your position is in conflict with board decision 15
Penalties A.R.S. § § § § 38-431.07 • Violations of Open Meeting Law – Rescind actions taken at the meeting – Penalty is against the individual not the public body – Monetary fines – Plaintiff Attorney fees 16
Record of Meetings • A statement describing legal actions, minutes or a recording must be posted to Web and available to the public within 3 working days after the meeting. • Approved minutes must be posted to Web within 2 working days after approval. • All public meetings require minutes including: – date, time, place, members present and absent – a general description of matters considered – names of persons making statements – description of legal actions taken (including motions and votes, as well as a presentation/discussion only) • Minutes are required of every meeting even if only discussion occurred on items with no action taken. – If quorum lost then minutes must reflect up to that point. 17
For questions or to post meeting Notices, Agendas, Results or Minutes, email: OML@phoenix.gov Questions?
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