Introduction to the Open Meeting Law
(Part 1 in a 3-part series)

The 1960s saw the advent throughout the country of legislative initiatives calling for open government. Arizona responded to these initiatives with the passage of the Open Meeting Law (A.R.S. Sections 38-431 through -533). In 1962, the Arizona legislature declared it public policy "that proceedings in meetings of governing bodies of the state and political subdivisions thereof exist to aid in the conduct of people's business. It is the intent of [the Open Meeting Law] that their official deliberations and proceedings be conducted openly."

Since Maricopa's Governing Board, as well as the State Board of Directors for Community Colleges, is subject to the Open Meeting Law, In Brief begins a three-part series that details the essential elements of this statute. Any review of the Open Meeting Law begins with the threshold question of whether the business of a particular public agency is subject to that law. Not all governmental entities must hold their meetings in full view of the public; rather, the law applies only to what it calls "public bodies."

Under the Open Meeting Law, a "public body" includes the legislature, all boards and commissions of the state or political subdivisions and all multi-member governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions. The term also includes "quasi-judicial bodies," as well as "all standing, special or advisory committees or subcommittees of, or appointed by" a public body.

No doubt the key provision of the Open Meeting Law is its requirement that "[a]ll 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."

A public body may choose to allow public comment on topics slated for discussion during an open meeting, but allowing such comment is not required. If a public body does opt to permit private citizens to participate in its meeting, it often does so by reserving time for what is commonly termed a "call to the public."

Under the Open Meeting Law, a public notice and agenda must be produced before every meeting.

The public notice must be posted in a location that has been previously established with the Secretary of State. The notice serves as an announcement of the meeting, and must be posted at least twenty-four hours in advance of the meeting.

The notice must include an agenda. The Open Meeting Law requires that an agenda contain "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."

Since the notice and agenda are issued simultaneously, items for discussion or action by the public body cannot be added to its agenda less than twenty-four hours prior to the meeting.

The law allows a public body to meet on less than twenty-four hours advance notice in the case of an "actual emergency." Should an emergency meeting take place, a notice declaring that such a meeting was held must be posted within twenty-four hours after its conclusion.

In addition, all public bodies are required to take "written minutes or a recording of all their meetings." The statute prescribes that the minutes or recording contain at least the following:

• the date, time and place of the meeting;
• the members of the public body recorded as either present or absent;
• a general description of all legal actions proposed, discussed, or taken, and the names of the members who propose each motion; and
• the names of persons making statements or presenting material to the public body, as well as a reference to the legal action about which they made statements or presentations.

The minutes or recording of a public meeting must be made available for public inspection no more than three days after the meeting.

A public body may, under the Open Meeting Law, exclude the public from its meetings when it discusses certain issues. In the next installment of this series, In Brief will discuss the statute's provision for executive sessions.

Published in the Summer 1998 Edition of In Brief