ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: ED DP 5-4-1-0

HB 2739: school board associations; open meetings

Sponsor: Representative Udall, LD 25

Caucus & COW

Overview

Requires all meetings of an association of school boards (association) and the board of directors of an association (board) to be open to the public. Prohibits an employee of an association of school districts from holding membership on a school district governing board.

History

A person who is registered to vote in Arizona and has been a resident of a school district for at least one year immediately preceding election day is eligible to run to be a member of a school district governing board. Currently, statute prohibits a school district employee, including a person who directly provides services to the school district as an employee of a third-party contractor, or their spouse from holding membership on the school district governing board that employs the person (A.R.S. § 15-421).

Provisions

Association and Board Meetings

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDeclares all meetings of an association and a board are open to the public. (Sec. 1)

2.   Allows any person to attend and listen during the deliberations and proceedings of an association or board meeting. (Sec. 1)

3.   Permits a person to audiotape or videotape the open portions of an association or board meeting. (Sec. 1)

4.   Prohibits an association or board from requiring advance notice of the audiotaping or videotaping of meetings. (Sec. 1)

5.   Authorizes an association or board to adopt reasonable rules governing the audiotaping and videotaping of open portions of meetings. (Sec. 1)

6.   Prohibits rules governing the audiotaping or videotaping of open portions of meetings from precluding audiotaping or videotaping by those attending unless the association or board audiotapes or videotapes the meeting and makes the unedited audiotapes or videotapes available to members of the public on request without restrictions on its use. (Sec. 1)

7.   Details any portion of a meeting of an association or board may be closed only if the closed portion of the meeting is limited to consideration of:

a)   Legal advice from an attorney for the board or association;

b)   Pending or contemplated litigation;

c)   Personal, health or financial information about an individual board member, individual association employee or individual employee of a contractor for the association;

d)   Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual association employee or an individual employee of a contractor of the association who works under the direction of the association; and

e)   Discussion of a member's appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session. (Sec. 1)

8.   Instructs the association or board to:

a)   Conspicuously post a statement on its website stating where all public notices of the meetings will be posted and give additional public notice as is reasonable and practicable as to all meetings; and

b)   Post all public meeting notices on its website and give additional public notice as is reasonable and practicable as to all meetings. (Sec. 1)

9.   Details a technological problem that either prevents the posting of public notices on a website or that prevents the use of the website does not preclude the holding of the meeting for which the notice was posted if the board or association complies with all other public notice requirements. (Sec. 1)

10.  Specifies notice must state the date, time and place of the meeting. (Sec. 1)

11.  Mandates a notice of any annual, regular or special meeting of the board or association must state the purpose for which the meeting is called. (Sec. 1)

12.  Stipulates notice is not required if emergency circumstances require action by the board or association before notice can be given. (Sec. 1)

13.  States the failure of any member to receive actual notice of a board meeting does not affect the validity of any action taken at that meeting. (Sec. 1)

14.  Requires the board or association to identify, prior to entering a closed portion of a meeting, any of the prescribed authorizations that allow the board to close the meeting. (Sec. 1)

15.  Mandates an association or board provide for the taking of written minutes or a recording of all meetings. (Sec. 1)

16.  Details what the minutes or recording must include for both open and closed portions of meetings. (Sec. 1)

17.  Requires the minutes or recording of a meeting to be available for public inspection within three working days after the meeting. (Sec. 1)

Miscellaneous

18.  Prohibits an employee of an association of school districts from holding membership on a school district governing board. (Sec. 2)

19.  Makes technical changes. (Sec. 2)

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23.                    HB 2739

24.  Initials CH Page 0 Caucus & COW

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