ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: Tech DP 7-0-0-0 | GOV DP 11-0-0-0

HB 2053: executive sessions; security plans.

Sponsor: Representative Espinoza, LD 19

Caucus & COW

Overview

Adds the discussion of security related issues of buildings and technology to the list of allowable purposes to hold an executive session.

History

Current law states that with a majority vote of members constituting a quorum, a public body may hold an executive session but only for specified purposes, which includes:

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;

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; and

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. (A.R.S. § 38-431.03)

Public body is defined as the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of this state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by this state or a 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. Public body includes all commissions and other public entities established by the Arizona Constitution or by way of ballot initiative, including the independent redistricting commission, and this article applies except and only to the extent that specific constitutional provisions supersede this article. (A.R.S. § 38-431)

Provisions

1. Adds the discussion or consultation of security plans, procedures, assessments, measures or system related to or having an impact on the security or safety of buildings or facilities and information technology maintained by the public body as an allowable purpose to hold an executive session. (Sec. 1)

2. Specifies records, documentation, notes or other materials made by or provided to designated representatives, relating to said executive sessions, are confidential and exempt from public disclosure. (Sec. 1)

3. Defines information technology as all computerized and auxiliary automated information processing, telecommunications and related technology, including hardware, software, vendor support and related services, equipment and projects. (Sec. 1)

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7. Initials SJ/JB Caucus & COW

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