Arizona Ombudsman Office

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.

Meeting Notices, Agendas, and Minutes are often available on the public bodies' website.

For a list of many of the available websites go to our links.

ARTICLE 3.1 - PUBLIC MEETINGS AND PROCEEDINGS

38-431. Definitions

In this article, unless the context otherwise requires:

1. "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.

2. "Executive session" means a gathering of a quorum of members of a public body from which the public is excluded for one or more of the reasons prescribed in section 38-431.03. In addition to the members of the public body, officers, appointees and employees as provided in section 38-431.03 and the auditor general as provided in section 41-1279.04, only individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities may attend the executive session.

3. "Legal action" means a collective decision, commitment or promise made by a public body pursuant to the constitution, the public body's charter, bylaws or specified scope of appointment and the laws of this state.

4. "Meeting" means the 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, including any deliberations by a quorum with respect to such action.

5. "Political subdivision" means all political subdivisions of this state, including without limitation all counties, cities and towns, school districts and special districts.

6. "Public body" means the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, the public body.

7. "Quasi-judicial body" means a public body, other than a court of law, possessing the power to hold hearings on disputed matters between a private person and a public agency and to make decisions in the general manner of a court regarding such disputed claims.

38-431.01. Meetings shall be open to the public

A. 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. All legal action of public bodies shall occur during a public meeting.

B. All public bodies shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive sessions, such minutes or recording shall include, but not be limited to:

1. The date, time and place of the meeting.

2. The members of the public body recorded as either present or absent.

3. A general description of the matters considered.

4. An accurate description of all legal actions proposed, discussed or taken, and the names of members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented material.

C. Minutes of executive sessions shall include items set forth in subsection B, paragraphs 1, 2 and 3 of this section, an accurate description of all instructions given pursuant to section 38-431.03, subsection A, paragraphs 4, 5 and 7 and such other matters as may be deemed appropriate by the public body.

D. The minutes or a recording of a meeting shall be available for public inspection three working days after the meeting except as otherwise specifically provided by this article.

E. A public body of a city or town with a population of more than two thousand five hundred persons shall:

1. Within three working days after a meeting, except for subcommittees and advisory committees, post on its internet 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.

2. Within two working days following approval of the minutes, post approved minutes of city or town council meetings on its internet website, if applicable, except as otherwise specifically provided by this article.

3. Within ten working days after a subcommittee or advisory committee meeting, post on its internet website, if applicable, either:

(a) A statement describing legal action, if any.

(b) A recording of the meeting.

F. All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder or camera or any other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting.

G. 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 distribute open meeting law materials prepared and approved by the attorney general to a person elected or appointed to a public body prior to the day that person takes office.

H. A public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body. At the conclusion of an open call to the public, individual members of the public body may respond to criticism made by those who have addressed the public body, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the public body shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action.

I. A member of a public body shall not knowingly direct any staff member to communicate in violation of this article.

38-431.02. Notice of meetings
A. Public notice of all meetings of public bodies shall be given as follows:
1. The public bodies of the state shall file a statement with the secretary of state stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings.
2. The public bodies of the counties, school districts and other special districts shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings.
3. The public bodies of the cities and towns shall file a statement with the city clerk or mayor's office stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings.
4. The public bodies of the cities and towns that have an internet web site shall post all public notices of their meetings on their internet web site and shall give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a city or town web site or that temporarily or permanently prevents the usage of all or part of the web site does not preclude the holding of the meeting for which the notice was posted if all other public notice requirements required by this section are complied with.
B. If an executive session will be held, the notice shall be given to the members of the public body, and to the general public, stating the specific provision of law authorizing the executive session.
C. Except as provided in subsections D and E, meetings shall not be held without at least twenty-four hours' notice to the members of the public body and to the general public.
D. In case of an actual emergency, a meeting, including an executive session, may be held on such notice as is appropriate to the circumstances. If this subsection is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I.
E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A, and if, prior to recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given.
F. A public body that intends to meet for a specified calendar period, on a regular day, date or event during such calendar period, and at a regular place and time, may post public notice of such meetings at the beginning of such period. Such notice shall specify the period for which notice is applicable.
G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours prior to the meeting, except in the case of an actual emergency under subsection D.
H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto.
I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. Such agenda shall provide more than just a recital of the statutory provisions authorizing the executive session, but need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee, or compromise the attorney-client privilege.
J. Notwithstanding subsections H and I, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, where the matter was not listed on the agenda provided that a statement setting forth the reasons necessitating such discussion, consideration or decision is placed in the minutes of the meeting and is publicly announced at the public meeting. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately prior to the executive session.
K. Notwithstanding subsection H, the chief administrator, presiding officer or a member of a public body may present a brief summary of current events without listing in the agenda the specific matters to be summarized, provided that:
1. The summary is listed on the agenda.
2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any matter in the summary unless the specific matter is properly noticed for legal action.

38-431.03. Executive sessions
A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes:
1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting.
2. Discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained as confidential by state or federal law.
3. Discussion or consultation for legal advice with the attorney or attorneys of the public body.
4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
5. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body.
6. Discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city or town.
7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property.
B. Minutes of and discussions made at executive sessions shall be kept confidential except from:
1. Members of the public body which met in executive session.
2. Officers, appointees or employees who were the subject of discussion or consideration pursuant to subsection A, paragraph 1 of this section.
3. The auditor general on a request made in connection with an audit authorized as provided by law.
4. A county attorney or the attorney general when investigating alleged violations of this article.
C. The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this article.
D. Legal action involving a final vote or decision shall not be taken at an executive session, except that the public body may instruct its attorneys or representatives as provided in subsection A, paragraphs 4, 5 and 7 of this section. A public vote shall be taken before any legal action binds the public body.
E. Except as provided in section 38-431.02, subsections I and J, a public body shall not discuss any matter in an executive session which is not described in the notice of the executive session.
F. Disclosure of executive session information pursuant to this section or section 38-431.06 does not constitute a waiver of any privilege, including the attorney-client privilege. Any person receiving executive session information pursuant to this section or section 38-431.06 shall not disclose that information except to the attorney general or county attorney, by agreement with the public body or to a court in camera for purposes of enforcing this article. Any court that reviews executive session information shall take appropriate action to protect privileged information.

38-431.04. Writ of mandamus
Where the provisions of this article are not complied with, a court of competent jurisdiction may issue a writ of mandamus requiring that a meeting be open to the public.

38-431.05. Meeting held in violation of article; business transacted null and void; ratification
A. All legal action transacted by any public body during a meeting held in violation of any provision of this article is null and void except as provided in subsection B.
B. A public body may ratify legal action taken in violation of this article in accordance with the following requirements:
1. Ratification shall take place at a public meeting within thirty days after discovery of the violation or after such discovery should have been made by the exercise of reasonable diligence.
2. The 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.
3. The public body shall make available to the public a detailed written description of the action to be ratified and all deliberations, consultations and decisions by members of the public body that preceded and related to such action. The written description shall also be included as part of the minutes of the meeting at which ratification is taken.
4. The public body shall make available to the public the notice and detailed written description required by this section at least seventy-two hours in advance of the public meeting at which the ratification is taken.

38-431.06. Investigations; written investigative demands
A. On receipt of a written complaint signed by a complainant alleging a violation of this article or on their own initiative, the attorney general or the county attorney for the county in which the alleged violation occurred may begin an investigation.
B. In addition to other powers conferred by this article, in order to carry out the duties prescribed in this article, the attorney general or the county attorney for the county in which the alleged violation occurred, or their designees, may:
1. Issue written investigative demands to any person.
2. Administer an oath or affirmation to any person for testimony.
3. Examine under oath any person in connection with the investigation of the alleged violation of this article.
4. Examine by means of inspecting, studying or copying any account, book, computer, document, minutes, paper, recording or record.
5. Require any person to file on prescribed forms a statement or report in writing and under oath of all the facts and circumstances requested by the attorney general or county attorney.
C. The written investigative demand shall:
1. Be served on the person in the manner required for service of process in this state or by certified mail, return receipt requested.
2. Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified.
3. Prescribe a reasonable time at which the person shall appear to testify and within which the document or object shall be produced and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general or county attorney on or before that time.
4. Specify a place for the taking of testimony or for production of a document or object and designate a person who shall be the custodian of the document or object.
D. If a person objects to or otherwise fails to comply with the written investigation demand served on the person pursuant to subsection C, the attorney general or county attorney may file an action in the superior court for an order to enforce the demand. Venue for the action to enforce the demand shall be in Maricopa county or in the county in which the alleged violation occurred. Notice of hearing the action to enforce the demand and a copy of the action shall be served on the person in the same manner as that prescribed in the Arizona rules of civil procedure. If a court finds that the demand is proper, including that the compliance will not violate a privilege and that there is not a conflict of interest on the part of the attorney general or county attorney, that there is reasonable cause to believe there may have been a violation of this article and that the information sought or document or object demanded is relevant to the violation, the court shall order the person to comply with the demand, subject to modifications the court may prescribe. If the person fails to comply with the court's order, the court may issue any of the following orders until the person complies with the order:
1. Adjudging the person in contempt of court.
2. Granting injunctive relief against the person to whom the demand is issued to restrain the conduct that is the subject of the investigation.
3. Granting other relief the court deems proper.

38-431.07. Violations; enforcement; removal from office; in camera review
A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by members of the public body, or to determine the applicability of this article to matters or legal actions of the public body. For each violation the court may impose a civil penalty not to exceed five hundred dollars against a person who violates this article or who knowingly aids, agrees to aid or attempts to aid another person in violating this article and order such equitable relief as it deems appropriate in the circumstances. The civil penalties awarded pursuant to this section shall be deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of the plaintiff's reasonable attorney fees, by the defendant state, the political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information violated any provision of this article the court may remove the public officer from office and shall assess the public officer or a person who knowingly aided, agreed to aid or attempted to aid the public officer in violating this article, or both, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section.
B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness.
C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes of the executive session, and if the court in its discretion determines that the minutes are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of the minutes.

38-431.08. Exceptions; limitation
A. This article does not apply to:
1. Any judicial proceeding of any court or any political caucus of the legislature.
2. Any conference committee of the legislature, except that all such meetings shall be open to the public.
3. The commissions on appellate and trial court appointments and the commission on judicial qualifications.
4. Good cause exception determinations and hearings conducted by the board of fingerprinting pursuant to section 41-619.55.
B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may:
1. Prohibit, on written findings that are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison.
2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification which verifies the person's signature.
3. Prevent and prohibit any articles from being taken into a hearing except recording devices, and if the person who attends a hearing is a member of the media, cameras.
4. Require that a person who attends a hearing submit to a reasonable search on entering the facility.
C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38-431.07, as against the director only.
D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person.

38-431.09. Declaration of public policy
A. 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. Toward this end, any person or entity charged with the interpretations of this article shall construe any provision of this article in favor of open and public meetings.
B. Notwithstanding subsection A, it is not a violation of this article if a member of a public body expresses an opinion or discusses an issue with the public either at a venue other than at a meeting that is subject to this article, personally, through the media or other form of public broadcast communication or through technological means if:
1. The opinion or discussion is not principally directed at or directly given to another member of the public body.
2. There is no concerted plan to engage in collective deliberation to take legal action.

1. Ombudsman Booklet (pdf)
2. AZ Agency Handbook - Chapter 7 http://www.azag.gov/Agency_Handbook/Ch7.pdf
3. Attorney General Opinions: 1999 to present - http://www.azag.gov/opinions/
4. Attorney General Opinions prior to 1999 - http://azmemory.lib.az.us/cdm4/index.php?CISOROOT=/agopinions
5. Public Access Newsletter - October 2008 (pdf)
6. Public Access Newsletter - August 2008 (pdf)
7. Public Access Newsletter - July 2008 (pdf)

Welcome to the Arizona Ombudsman's resource for open meeting information. Here you will find web links to open meeting information for many of the public bodies throughout Arizona.

We encourage any comments and suggestions you have about these pages. If you are associated with a public entity of the state and would like your organization to be included, please e-mail your information to ombuds@azoca.gov or call us at (602) 277-7292 or (800) 872-2879.

To begin, please choose state, county, or city/town to find the information you are looking for.

State Agencies
State Boards
State Commissions, Committees, and Councils
Governor's Office
Supreme Court of Arizona
City/Town
County

For information regarding school districts you may go to
http://www.azed.gov/schools/schools/districts.asp.

For information regarding charter schools you may go to
http://www.ade.az.gov/charterschools/search/SiteList.asp.

Statutes

A.R.S. § 38-431.09 amended by Laws 2008, Ch. 135, § 1:
Clarifies that if a member of a public body individually expresses an opinion or discusses an issue with the public, through public broadcast or at a venue other than a public meeting, the member is not in violation of the open meeting law, if the opinion is not directed at another public official and there is no concerted plan to engage in collective deliberation to take legal action.

A.R.S. § 38-431 amended by Laws 2007, Ch. 71, § 1:
*Defines advisory committee or subcommittee as any entity, however designated, that is officially established on motion or order of a public body or 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. § 38-431.01 amended by Laws 2007, Ch. 71, §2:
*Requires subcommittees and advisory committees to take meeting minutes or record all of their meetings, including executive sessions.
*Requires subcommittees and advisory committees established by public bodies of cities and towns with a population of 2,500 or more persons and a website, to post a statement describing legal action taken during a meeting or any recording of a meeting on its internet website within ten working days of the meeting.

Case Law

State ex. rel. Thomas v. Schneider, 212 Ariz. 292, 130 P.3d 991 (App. Div. 1, 2006) (review denied September 26, 2006)(review denied September 26, 2006)
Issue: In appropriate circumstances, may the attorney-client privilege apply to communications between a government official and a government attorney in a grand jury proceeding in which an indictment is sought against the government official?
Click here to read the full opinion

2007 Attorney General Opinions

December 24, 2007 Re: Open Meeting Law and Comments to the Media Concerning Issues that May Come Before a Public Body
Conclusion: The open meeting law does not prohibit a member of a public body from speaking to the media regarding matters that may come before the public body. A meeting subject to the open meeting law requires a gathering of a quorum of members of the public body, and a gathering does not occur when members merely hear or read a comment, including a proposal for legal action, made by another member in the media.
Opinion I07-013

January 29, 2007 Re: Application of Open Meeting Laws to Board of Trustees created under A.R.S. § 11-952.01
Conclusion: Under the definition set forth in A.R.S. § 38-431(6), the Board constitutes a multimember governing body of an instrumentality of one or more political subdivisions and must comply with the requirements of the Arizona Open Meeting Law.
Opinion I07-001

2008 Attorney General Opinions

September 29, 2008 Re: Application of Open Meeting Law to Meetings of Public Bodies Conducted Online
Conclusion: A board can lawfully hold a virtual meeting, including one comprised of serial communications through the Internet, under the open meeting law. Continuing developments in telecommunications technology offer the promise of widening the public's access to meetings held by public bodies, whether by web-casting meetings or allowing other forms of virtual meetings. This promise, however, is counterbalanced by the potential for abuse or technological obstacles for some citizens to access the meeting. Thus, any public body choosing to use technological means to conduct its meetings must scrupulously comply with the notice and minute-keeping requirements imposed by the open meeting law and must further make all reasonable efforts to facilitate public access to the meeting, whether through explicit instructions on using technology or by providing access to the meeting at the public body's own facilities.
Opinion I08-008

March 11, 2008 Re: Effect of an Open Meeting Law Violation Concerning an Improperly Noticed Agenda Item on the Validity of Properly Noticed Agenda Items
Conclusion: When a public body violates the open meeting law by discussing, proposing, or taking legal action on a matter not properly noticed on the agenda, that violation does not nullify all other legal action taken at the meeting when the violation has no demonstrated prejudicial effect on the complaining parties.
Opinion I08-001

What is a meeting?
A meeting is defined as a 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. This includes any gathering, regardless of its label that falls within this definition. A.R.S § 38-431(4). Staff meetings are not covered by the open meeting law.

What is a public body?
A public body means the legislature, all boards and commissions of this state or political subdivision, all multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body. A.R.S. § 38-431(6).

What is a quorum?
A quorum is a majority of the members of the public body unless otherwise provided by law. For purposes of computing whether a quorum is present vacancies must be included.

May a public body conduct a properly noticed meeting without a quorum of its members?
It could, however, it could not take any legal action. Legal action means a collective decision, commitment or promise made by a public body pursuant to the constitution, the public body’s charter, bylaws, or specified scope of appointment and the laws of this state. A.R.S. § 38-431(3).

What is a disclosure statement or initial notice?
A disclosure statement identifies where a public body will post public notices of its meetings. Public bodies of the state file it with the Secretary of State. A.R.S. § 38-431.02(A)(1). Public bodies of counties, school districts, and other special districts must file it with the Board of Supervisors. A.R.S. § 38-431.02(A)(2). Public bodies of the cities and towns must file it with the City Clerk or Mayor’s office. A.R.S. § 38-431.02(A)(3).

Do all public bodies have to file a disclosure statement?
Yes. Public bodies must file a disclosure statement identifying where the public notice of its meetings will be posted.

Where does a charter school file its initial disclsoure statement?
The open meeting law requires public bodies to file an initial disclosure statement. A.R.S. § 38-431.02(A). This is a statement stating where all public notices of its meetings will be posted. Charter schools, however, do not clearly fall within any of the categories of public bodies described in A.R.S. § 38-431.02(A). Therefore, the Arizona Attorney General's Office and the Arizona Board of Charter Schools have taken several factors into consideration and determined that charter schools must file initial disclosure statements with the Arizona Secretary of State.

When must a public body post a notice that a meeting will take place? Notice must be posted 24 hours in advance of all meetings. A.R.S. § 38-431.02(C).

Does the open meeting law exclude weekends from the 24 hour notice requirement?
It depends. The open meeting law provides that "meetings shall not be held without at least twenty-four hours' notice to the members of the public body and to the general public." A.R.S. § 38-431.02(C). While the express language of the statute does not prohibit posting notice on the weekend, whether notice of a public meeting may be posted on a Saturday or a Sunday will depend on two things: First, it will depend on what is required by the public body's disclosure statement and when the meeting is scheduled to take place. If the disclosure statement provides that notice will be posted at a particular location Monday through Friday except legal holidays, then the public body would be prohibited from posting the notice on a Saturday or Sunday for a Monday meeting. Second, the public must have access to the notice twenty-four hours prior to the scheduled meeting. Therefore, if the public body posts a notice for a Monday meeting on Sunday, and the building in which the notice is required to be posted is not open to the public on Saturday or Sunday; that would constitute a failure to provide twenty-four hours notice and would violate the open meeting law.

Where must public bodies post meeting notices?
The notice must be posted in a place where the public has reasonable access and must be identified in the public body's disclosure statement. The location should have normal business hours, should not be geographically isolated, should not have limited access, and should not be too difficult to find.
In addition, cities and towns with a population of more than 2,500 persons must post notices of their public meetings on their websites and give additional public notice as is reasonable and practical as to all meetings. A.R.S. § 38-431.02(A)(4).
All public bodies shall also give additional public notice as is reasonable and practicable as to all meetings. A.R.S. § 38-431.02(A).

Do members of the public have to sign an attendance sheet before attending a public meeting?
No. You may attend a public meeting anonymously. If you speak, however, you may be required to write your name for purposes of accurate minute taking, but do not have to provide any other personally identifying information such as phone number or address.

May the public body prevent members of the public from speaking at a public meeting?
Yes. The open meeting law does not require that a public body offer a call to the public. The public has a right to attend meetings, not participate in meetings. Ariz. Att'y Gen. Op. 78-1. If the public body allows a call to the public, the public body determines when attendees may address the public body and may place time restrictions.
In addition, the public body may not discuss or take action on matters raised during the call to the public that are not specifically identified on the agenda, but may respond to criticism, ask staff to review a matter, or ask that a matter be placed on a future agenda.

May a board member asked the staff to review a matter raised by a member of the public during the call to the public even if it was not an agenda item?
No. At the end of the call to the public, public officials may ask staff to review a matter, or ask that a matter raised by a member of the public be put on a future agenda.

May attendees videotape a public meeting?
Yes, so long as it does not actively interfere with the conduct of the meeting. A.R.S. § 38-431.01(F).

Does a public meeting held at 6:00 am violate the open meeting law?
Possibly. The open meeting law provides that the public body must provide the public with access to all public meetings. A.R.S. § 38-431.01(A). It cannot invoke procedures that will obstruct or inhibit public attendance. This includes commencing a meeting at an unreasonable time. See Arizona Agency Handbook Section 7.10.1.

What happens if a room is too small to accommodate the number of people that want to attend a public meeting?
It depends. The public body must provide the public with access to all public meetings. The requirement is not met if the meeting is held in a room too small to accommodate the reasonably anticipated number of observers. If the room is too small, the public body should recess and resume the meeting in a larger location. Of course, in doing so, it must notice the time and place of resumption. This action does not require 24 hour notice.

Are advisory committees and subcommittees required to take meeting minutes?
Yes. A 2007 statutory amendment requires subcommittees and advisory committees to take meeting minutes. A.R.S. §§ 38-431(6) and -431.01(B).

May a public body withhold meeting minutes until they are approved?
No, a public body must make its minutes available for inspection within three working days after the meeting. A.R.S. § 38-431.01(D). In no event should minutes be withheld from the public pending approval.
In 2006, the Legislature imposed additional posting requirements upon cities and towns with populations of more than 2,500 persons. They must post a statement showing legal actions taken during the meetings or any recording of the meeting on their website within three working days after the meeting. They must also post approved minutes on their site within two working days after the approval of the minutes. A.R.S. § 38-431.01(D).
In 2007, the Legislature decided that advisory committees and subcommittees must also take minutes or record all of their meetings, including executive session. A.R.S. §§ 38-431(6) and -431.01(B). Advisory committees and subcommittees established by public bodies of cities and towns with populations greater than 2,500, must post a statement describing legal action or any recording of a meeting on its website within ten working days of the meeting. A.R.S. § 38-431.01(E)(3).

When can a public body meet in executive session?
A public body may meet in executive session for one of seven reasons: 1) personnel discussions, 2) confidential records, 3) legal advice, 4) litigation, contract negotiations, and settlement discussions, 5) employee salary discussions, 6) discussion regarding international, interstate, and tribal negotiations, and 7) discussion regarding the purchase, sale, or lease of real property. A.R.S. § 38-431.03.

Are communications between the public body and its attorney during executive session subject to the attorney-client privilege?
Communications that occur with governmental bodies in executive session can be subject to the attorney-client privilege. Regardless, statements made in executive session are confidential whether or not they are otherwise privileged, subject to only a few exceptions. The Arizona Court of Appeals held that an attorney cannot testify about communications made during executive session even pursuant to a grand jury subpoena. State ex. rel. Thomas v. Schneider, 212 Ariz. 292, 130 P.3d 991 (App. Div. 1, 2006)(review denied September 26, 2006).

Were there any 2007 amendments to Arizona's Open Meeting Law?
Yes. A.R.S. § 38-431 was amended to define advisory committee or subcommittee as any entity, however designated, that is officially established on motion or order of a public body or 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. § 38-431.01 was amended and requires subcommittees and advisory committees to take meeting minutes or record all of their meetings, including executive sessions.
A.R.S. § 38-431(E)(3) also requires subcommittees and advisory committees established by public bodies of cities or towns with a population of more than 2,500 persons to post a statement describing legal action or any recording of a meeting on its internet website within ten working days of the meeting.
These changes took effect September 19, 2007.

Are all public bodies required to post their notices, legal actions, and meeting minutes on their website?
No, this requirement only applies to public bodies of cities and towns with a website and a population of more than 2,500 persons.

Are homeowner associations subject to the open meeting law?
No. Because they are not governmental public bodies, homeowner associations are not subject to the open meeting law. They are governed by A.R.S. §§ 33-1801 et seq.

A group of citizens interested in a particular issue voluntarily agreed to take on tasks delegated to them by a public body. Is the group of citizens now subject to the open meeting law?
Yes. While the public body did not officially appoint citizens to a committee, delegation of the public body's tasks and duties is a delegation of authority, which constitutes an appointment. As a result, the groups of citizens are now an appointed committee subject to the open meeting law.

May board members communicate via e-mail?
It depends. E-mail communications are treated the same as any other form of communication between board members. For information and hypotheticals illustrating the use of e-mail, please review Attorney General Opinion I05-004. A copy of the Opinion may be found at http://www.azag.gov/opinions/2005/I05-004.pdf.