Petition 7 - Executive Session Governance.pdf

CITIZEN
PETITION
pursuant to Phoenix City Charter, Chapter IV, Sec. 22, requests the City Council to:
PROVIDE ANSWERS
REGARDING EXECUTIVE
SESSION GOVERNANCE
Submitted by:
Jerry Van Gasse
4610 E Via Estrella
Phoenix, AZ 85028
(602) 622-3515
board@goodgoat.net

unc
equest: a recorded vote of the Council
city , approving or
Measure
Proposed
The exact measure the Council is asked Reka to t vote on. w:
Citizen Petition JV-20251021-01 Presented by Jerry Van Gasse for GOODIGOAT goodgoat net Page 2 of 8

SUMMARY
The Problem
An executive session is the one part of a City Council meeting the public cannot
attend. What the public can see is the posted notice: a date, a list of items and the
paragraph of state law cited for each item. How an item gets onto that list is not
described in any published City rule.
Phoenix’s written Council rules, City Code § 2-60, say who may place items ona
formal meeting agenda and on a policy session agenda. They say nothing about
executive-session agendas.
The Council's yearly executive-session item, submitted by the City Manager and the
Law Department, approves a list of dates. It cites § 38-431.03(A) generally but
names no subjects and no specific paragraph. The subjects, and the paragraph
cited for each, appear later, in notices prepared after the dates are set. By then no
vote remains to be taken.
So neither residents nor newly seated Councilmembers can tell from the public
record:
* who may ask for an executive-session item:
* who reviews it:
* who chooses the legal exemption that closes the door:
* whether any of this is written down;
* what training covers it.
What the Proposed Measure Does
Directs the City Manager to provide attributable written answers, within thirty days or
before the Council votes to approve executive-session dates for 2027, whichever comes
first, to six questions about how City Council executive-session items are initiated,
documented, reviewed, approved and assigned a statutory exemption, what written
instruments govern that process, and what training covers it, and to place the complete
response in the public legislative file for this petition.
Citizen Petition JV-20261021-01 Presented by Jerry Van Gasse for GOOD/GOAT - goodgoat net Page 3 of 8

SUMMARY
Why the Council Should Adopt It
» The Council's own rules stop at the executive-session door.
Rules 2(c), 3 and 4(a) say who may place items on formal and policy agendas (Fact 2). No
published rule covers executive sessions (Fact 1). Whatever the practice is, it is not written
where the Council and the public can read it.
The real decision is made when each notice is prepared.
The Council's yearly vote approves dates with no subjects (Facts 3—4). What will be
discussed behind closed doors, and under which exemption, is decided later. when each
notice is drafted (Fact 5). The Council and residents are entitled to know who initiates.
reviews and words those items, and who selects the cited exemption.
The process can be described without disclosing legal advice.
The questions ask who does what, when and under what written rule. They do not ask for
the content of any legal advice.
« The questions are neutral and answerable.
Each allows “none,” “no documented decision” or “the City cannot determine,” with an
explanation. The petition assumes no wrongdoing and changes no procedure. Apart from
the answers themselves, it requires no new record.
Training is part of governance.
State law requires new members to review the Attorney General's Open Meeting Law
materials before taking office (Fact 8). Recent notices list an “Open Meeting Law and
Council Rules of Procedures Overview’ as a closed-session item (Fact 6). Question 6 asks
what training exists, for whom and on which subjects.
The Facts
1. Phoenix City Code § 2-60, the Rules of Council Proceedings, contains no rule that refers to
executive sessions. Rule 12 requires the Council to hold all meetings and conduct ail
busin ess in pamela with me Arizona Open Meet Law.
2. Three of the Council's rules say who may place items on formal and policy agendas:
* Rule 2(c): the City Manager “will include an item on the formal agenda at the written
request of the Mayor or at least three Council members.”
* Rule 3: the City Clerk prepares the formal agenda “with items approved by the City
Manager.”
* Rule 4(a): the policy agenda “shall be set by the Mayor,” and an item may be added
the written request of four members.”
“upon Souncl
ource: Phoenix ¢ vty Code § 2-60, | MG), 3 d 4fa)
3. The Council's yearly executive-session items for 2023, 2024, 2025 and 2026 each state that
ine item is eae by the City Manager and the Law
i Department.

SUMMARY
4. Each of those items asks the Council to call meetings “for the purpose of holding an
Executive Session pursuant to” A.R.S. § 38-431.03(A) on listed dates. None identifies a
ora of § 38-431.03(A)
ee Specie eresrep iat ary date.
5: City y Council Cor Fo
Oo Executive-session notices state that the Council will meet “for the purposes of discussion or
consultation regarding the items listed on the agenda, all as authorized by A.R.S. §38-431.03,
A.1 through A.7,” and then list each item one more
with: or apeanh paragraphs.
Source: City of Phoenix. Nc city Cc e Session, Jan. 20. 2026 and Feb.
24, 2026
6. The Jan. 20, 2026 notice (Item 9) and the Feb. 24, 2026 notice (Item 3) each list “Discussion
and consultation re: Open Meeting Law and Council Rules of Procedures Overview, A.R.S.
§38- 431.03 A.3.”
source. © aire of Phos enix, Notice of Meeting, Phoenix City Cx Keculive Session, Jan. 20, 2026, Item 9:
7. A.R.S. § 38-431.02(1) provides that notice of an executive session need include “only a
general description of the matters to be considered,” and that the agenda provide more
bedan
than just a Fecttal of ‘the provisions authorizing the executive session.”
' aaa
n
raguies
8 ARS. § 38-431.01(H) the city clerk to post the Attorney General's Open Meeting
Law materials on the City’s website. It requires a person elected or appointed to a public body
ua review those materials at least one day before taking office.
§ 36-431.01(H)
Citizen Petition JV-20261021-01 - Presented by Jerry Van Gasse for GOODIGOAT goodgeat net Page 5 of 8

SEGUEST FOR COUNCILACTION
Petitioner Jerry Van Gasse
Address 4610 E Via Estrella
Phoenix, AZ 85028
Phone (602) 622-3515
Email board@goodgoat.net
Date presented October 21, 2026
Requested Legal Action
For the City of Phoenix Council to vote on the Proposed Measure exactly as
written.
Summary of Proposed Measure
Directs the City Manager to provide attributable written answers, within thirty days or before the
Council votes to approve executive-session dates for 2027, whichever comes first, to six
questions about how City Council executive-session items are initiated, documented, reviewed.
approved and assigned a statutory exemption, what written instruments govern that process,
and what training covers it, and to place the complete response in the public legislative file for
this petition.
Council Action Required
Phoenix City Charter, Chapter IV, Section 22 provides that a written petition presented to the
Council at a regular meeting shall be acted upon by the Council in the regular course of
business, within fifteen (15) days. Section 8 provides that the Council shall act only by
resolution, ordinance, franchise, or formal recorded action. The Proposed Measure is a
formal recorded action.
Acting upon this petition requires that vote, as its own Formal Agenda item, with this Request
and the Proposed Measure attached. Any change in the substance of the Proposed Measure, in
whole or in part, makes it a different measure from the one proposed by the petitioner, and a
vote on it is not action on this petition. Referral, a staff report, a General Information Packet
entry, continuation, answers to some or all questions, or a consolidated vote also does not act
upon this petition.

Executive-Session Governance and Agenda Preparation (Formal Action)
SECTION 1. Council Direction and Deadline
The City Council directs the City Manager to provide the attributable written answers specified below.
The complete response shall be placed in the public legislative file for Citizen Petition JV-20261021-01
no later than the earlier of (a) thirty (30) days after the Council adopts this Proposed Measure, or (b) the
time the Council votes on any item approving, calling, or scheduling executive sessions for calendar year
2027.
SECTION 2. Required Written Answers
The City Manager shall assign each question to the official or employee with direct knowledge,
responsibility, or subject-matter competence. The assigned person shall answer each numbered question
and each labeled subpart separately and completely.
1. Identify every current written instrument that governs Phoenix City Council executive sessions,
including written rules, Administrative Regulations, Council rules, policies, procedures, manuals,
protocols, checklists, memoranda, directives, legal-guidance documents, training materials, agenda
templates, delegations of authority, retention schedules, and technical instructions. State expressly
if Phoenix has no current instrument in a listed category.
2. Describe who is presently authorized to request or initiate placement of an item on a City Council
executive-session agenda. Address City officers, City employees or employee positions, individual
Councilmembers, and groups of Councilmembers. For each authorized initiator, identify the source
2
scope, and limits of the authority, including any required number or composition of
Councilmembers.
3. Describe Phoenix’s current practice for documenting requests to place items on a City Council
executive-session agenda. Identify what record is created; whether it shows who made the request,
when and how it was made, and the requester’s official capacity; what other information it
contains; who creates and maintains it; how long it is retained; and the authority governing
retention. If Phoenix creates no such record, identify any documented decision establishing that
practice or state expressly that none has been identified.
4. Describe the complete current review and approval chain for placing an item on a City Council
executive-session agenda. Identify who performs each review or approval and when it occurs,
including review of the proposed subject, factual description, legal sufficiency, statutory
exemption, wording, timing, and final agenda placement.
on Describe how Phoenix selects each paragraph of A.R.S. § 38-431.03(A) cited for a proposed
executive-session item. Identify who makes the selection, the legal and factual review supporting it,
whether and where the basis is documented, who creates that documentation, and the governing
retention rule. If the basis is not documented, describe the legal or administrative basis and
rationale for that practice and identify any documented decision establishing it. If none has been
identified, state that expressly.
6. Describe the current training materials and instructions concerning Phoenix City Council executive
sessions. Identify what is provided, who provides it, and which audiences receive it, including the
Mayor, Councilmembers, Council staff, City Manager staff, clerks, attorneys, and other attendees.

PROPOSED MEASURE
Describe whether the materials address notice, permissible scope, confidentiality, objections,
minutes, attendance, remote participation, recordings, records retention, and enforcement. State
expressly if no material or instruction addresses a listed audience or subject.
SECTION 3. Written-Answer Standards
I. Reproduce each numbered question and labeled subpart unchanged immediately before its separate
answer,
No Identify the person answering, that person’s title and department, and whether the answer is based
on direct knowledge, identified records, identified legal authority, or another stated source.
3. When a question asks for a yes-or-no answer, begin with “ y es,” “no,” or “the City cannot
determine,” before providing any explanation.
4. When a question asks for the City’s position, interpretation, policy, or practice, state it expressly
and identify the supporting authority, records, written policies, and materially contrary authority
considered. State expressly if no City position, written policy, or uniform practice exists.
5. Distinguish an existing fact, current practice, written policy, legal position, and proposed future
action. Do not present one as another.
6. If the City cannot answer a question, state that expressly, identify the information needed to answer
it, identify the person or entity believed to possess that information, and describe the steps taken to
obtain it.
7. If the City contends that any part of an answer cannot lawfully be disclosed, answer
every
reasonably separable part and identify the specific legal authority asserted for not answering the
remainder without disclosing protected information.
8. A response to a rephrased or different question does not answer the submitted question.
SECTION 4. Public Response Package
The City Manager shall place the following in the public legislative file for Citizen Petition
JV-20261021-01:
1. The complete written answers;
2. A response index matching every numbered question and every labeled subpart to its separate
answer or expressly stated inability to answer; and
3. A specific citation to each record, legal authority, or written policy relied upon, including a direct,
stable public link when one is available.
SECTION 5. Scope
This Proposed Measure directs written answers. It does not submit or incorporate a public-records
request
and does not require production of cited records. Any public-records request concerning the subject
remains a separate request with an independent receipt date, scope, process, and legal effect.
SECTION 6. Continuing Responsibility
The City Manager remains responsible for the completeness and timely placement of the
response
package notwithstanding assignment of individual questions to another official, employee, department, or
contractor.
oft ROLAND