Accordingly, Arizona’s Open Meeting Law must be construed in favor of open and public meetings.
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That has yet to be confirmed by an objective independent analysis of any kind, but the repeated coincidence of only one councilmember voting different from the other six might leave any reasonable person with a reaction that questions if there has been any guidance or suggestions or any contact with the city manager or city attorney on agenda items that are to be heard, discussed or approved.
The same goes for any member of any board or committee. Better to disclose than not
Council Sub-Committees link here
Audit, Finance & Enterprise
Councilmember Jen Duff, Chairperson Vice Mayor Mark Freeman Councilmember David Luna
Chris Brady, Ex Officio Staff Liaison: Michael Kennington Attorney: Jim Smith |
Community & Cultural Development
Councilmember Francisco Heredia, Chairperson
Councilmember David Luna Councilmember Jen Duff
Staff Liaison: Natalie Lewis
Attorney: Alfred Smith |
Economic Development
Councilmember Jeremy Whittaker, Chairperson Councilmember Francisco Heredia Councilmember Kevin Thompson Staff Liaison: Bill Jabjiniak Attorney: Jim Smith |
Public Safety
Councilmember David Luna, Chairperson Vice Mayor Mark Freeman Councilmember Kevin Thompson Staff Liaison: John Pombier Attorney: Alfred Smith |
Sustainability & Transportation
Councilmember Kevin Thompson, Chairperson Councilmember Francisco Heredia Councilmember Jeremy Whitaker Staff Liaison: Kari Kent Attorney: Jim Smith | City Benefits Advisory Committee Vice Mayor Mark Freeman Councilmember Kevin Thompson |
Open Meetings – STATUTES
- The Arizona Open Meeting Law is located in A.R.S. §§ 38-431 through 38-431.09.
- Conflict of interest statutes for officers and employees are located in A.R.S. §§ 38-501 through 38-511.
A.R.S. § 38-431.01(E)(2).
Minutes of executive sessions must be kept confidential except from certain individuals. A.R.S. § 38-431.03(B).
How long meeting minutes are maintained is determined by the public body’s record retention and destruction schedule authorized by Arizona State Library and Archives.
Persons in attendance may record any portion of a public meeting, as long as the recording does not actively interfere with the meeting.
Acceptable recording equipment includes tape recorders, cameras, or other means of reproduction. A.R.S. § 38-431.01(F). ________________________________________________________________________________Where to turn for help
Self-help resources available:
The Arizona Ombudsman – Citizens’ Aide handbook – The Arizona Open Meeting Law (available on line at www.azoca.gov under open meetings/publication)
The Arizona Ombudsman’s website, www.azoca.gov Arizona Agency Handbook, Chapter 7, www.azag.gov
Quick Links Attorney General Opinions – www.azag.gov
> File a complaint: Arizona Ombudsman-Citizen’s Aide (602) 277-7292
> File a complaint/Enforcement authority
Attorney General’s Open Meeting Law Enforcement Team (602) 542-5025
County Attorney’s Office
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AG: Remote meetings due to coronavirus OK under open-meeting law
"In an informal opinion, Arizona Attorney General Mark Brnovich said the state’s open meeting law allows for public bodies – like city councils and school boards – to conduct public meetings remotely through technological means as they navigate public health amid the coronavirus pandemic.
Bronovich wrote that “providing as much public notice in advance is key,” and he advised public bodies to provide more than the 24 hours required by state law if possible.
In general, Arizona law requires all meetings of governmental entities to be open to the public and for agendas to be published at least 24 hours before the meeting is scheduled to start. The law gives all Arizonans the right to attend and listen to the public body’s deliberations and proceedings.
AG Informal Opinion Open Meetings COVID19
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Brnovich also advised governmental entities that choose to meet remotely to implement best practices to “minimize any difficulties arising from remote conferencing.” For example, he said that all speakers could be asked to identify themselves each time they speak and post any relevant information – such as presentations being made or documents being considered – online for the public to view.
He further cautioned that, while the open meeting laws allow for public bodies to meet via technological means, they “must conduct such meetings in a way that satisfies the… notice and access requirements, which are designed to further the (open meeting law’s) underlying purpose.”
“Transparency is the core of legality. Throughout any circumstance, the government must remain accountable to the people,” Brnovich wrote.
Gov. Doug Ducey on March 11 declared a state of emergency as the state combats the spread of the coronavirus, which causes the COVID-19 illness. On March 12, the Legislature approved $55 million in emergency funding and limited public access to the State Capitol and legislative chambers.
There are nearly 1,700 verified COVID-19 cases in the United States, including nine in Arizona. Nationally, the coronavirus is responsible for 41 deaths; no one in Arizona has died from COVID-19.
