THE ARIZONA OPEN MEETING LAW (OML) Arizona Open Meeting Law A.R.S. - - PowerPoint PPT Presentation

THE ARIZONA OPEN MEETING LAW (OML)

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Arizona Open Meeting Law

Law – A.R.S. § 38-431 – Attorney General – City Code 2-60 Purpose – Transparency – Public Access – All Information is Public

The business of the public should be conducted in public

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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

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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”

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Meeting Notices and Agendas

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 Must be posted at least 24 hours in advance of the meeting time If not posted – meeting cannot be held

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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

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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

Quorum

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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

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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

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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

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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.

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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.

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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

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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

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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

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Penalties

• 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

A.R.S. § § § § 38-431.07

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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
• ccurred on items with no action taken.

– If quorum lost then minutes must reflect up to that point.

Questions?

For questions or to post meeting Notices, Agendas, Results or Minutes, email: OML@phoenix.gov