17 March 2020

The Gang of Six on The Mesa City Council | The Arizona Open Meeting Law

Arizona's Open Meeting Law. It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided.
Accordingly, Arizona’s Open Meeting Law must be construed in favor of open and public meetings.
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If any reader of this blog has taken the time to watch-and-listen to any public meetings of the Mesa City Council, there appears to be coordination of some kind 'behind-the-scenes' by City Manager Chris Brady with certain elected individuals, including the mayor and five out of the six council members who usually vote as a bloc.
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
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Open Meetings – STATUTES

Cities and towns with a population of more than 2,500 persons must post approved city and town council minutes on its website within two working days following approval.
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
The Arizona Mirror is an independent, nonprofit news organization that is focused on connecting public policy with the people it affects and bringing a fresh perspective to coverage of the state’s biggest issues.
"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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AG Informal Opinion Open Meetings COVID19
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Contributed by: Jim Small, Arizona Mirror
To print the document, click the "Original Document" link to open the original PDF. At this time it is not possible to print the document with annotations.
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.
On Friday, President Donald Trump declared a national state of emergency.
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.

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