Petition 11 - Recording and Preservation of Executive Sessions.pdf

CITIZEN
PETITION
pursuant to Phoenix City Charter, Chapter IV, Sec. 22, requests the City Council to:
ADOPT AN ORDINANCE AMENDING THE
PHOENIX CITY CODE REGARDING
CONFIDENTIAL RECORDING AND
PRESERVATION OF EXECUTIVE SESSIONS
Submitted by:
Jerry Van Gasse
4610 E Via Estrella
Phoenix, AZ 85028
(602) 622-3515
board@goodgoat.net

CONTENTS
SumGary
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Council
Request for Action # $
ihe 3 BOUUGSL. 5 a [© orded vote of the Cit
Eroposed measure
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SUMMARY
The Problem
Arizona law requires every public body to keep “written minutes or a recording” of its
meetings, including executive sessions. For an executive session, that record is the
only record. It is confidential, and it is what the Attorney General, a county attorney
or a court examines when a session is questioned.
Written minutes are a summary. State law requires executive-session minutes to
contain only:
* the date, time and place;
« the members present or absent:
* ageneral description of the matters considered:
* certain instructions to attorneys or representatives.
Asummary cannot settle a later dispute about what was actually said. The Attorney
Generals Open Meeting Law handbook says that once a complainant alleges facts
supporting a reasonable inference of a violation, the burden of proof shifts to the
public body. It calls recording or transcribing executive sessions “the best practice.”
No published City of Phoenix rule was located that says whether Council executive
sessions are recorded, or how any record is protected, preserved and kept
unaltered. The Council’s rules of proceedings, City Code § 2-60, contain no rule
addressed to executive sessions.
What the Proposed Measure Does
Adopt an ordinance adding a new section to Chapter 2 of the Phoenix City Code that
requires the City Clerk to make a continuous, confidential audiovisual recording of every
executive session, with primary and backup systems, to stop the session if recording
fails, and to preserve the original recording permanently and unaltered, verified by
cryptographic hash and tracked by an audit log that is public except for protected
portions.
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SUMMARY
Why the Council Should Adopt It
State law offers a choice; Phoenix should make the complete one.
Section 38-431.01(C) allows minutes or a recording (Fact 1), and nothing prevents a public
body from keeping both. The Attorney General's handbook calls a recording best practice
(Fact 7). The ordinance makes it the Council's rule.
A complete record protects everyone who later relies on it.
The Attorney General and county attorneys may examine any “recording” in an Open
Meeting Law investigation, and a court may review executive-session records in camera
(Facts 4-6). A verbatim recording gives that reviewer the actual discussion, not someone’s
summary of it. That protects members and staff whose conduct was proper as much as it
exposes conduct that was not.
The record is only worth having if it is known to be unaltered.
The ordinance:
* keeps the original untouched:
* verifies it with a cryptographic hash:
* records every access in an audit log:
* guards against media and format loss.
The audit log is public, apart from confidential or otherwise protected portions, so the public
can see that the record is being kept and who has touched it, without seeing what it
contains.
Confidentiality is preserved.
The recording is a confidential executive-session record. The ordinance bars any public
transmission and limits access to the routes state law already provides (Facts 3-6). It
creates no new route to disclosure.
It fits the Council's existing rules.
Section 2-60 already governs the Council’s proceedings, requires compliance with the
Open Meeting Law and assigns tasks to the City Clerk (Fact 8). It says nothing yet about
executive sessions. This ordinance does.
The Facts
1. Arizona law provides: “All public bodies shall provide for the taking of written minutes or a
recording of all their meetings, including executive sessions.”
2. Executive-session minutes must include:
* the date, time and place of the meeting:
* the members recorded as present or absent:
* ageneral description of the matters considered:
an accurate description of instructions given under § 38-431.03(A)(4). (5) and (7):
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SUMMARY
* “Gihier a as oe ceairied appropriate by the public body.”
eee
3. Minutes of and discussions made at executive sessions must be kept confidential except
from:
* the members of the public body that met;
* officers or employees who were the subject of a personnel discussion:
* the Auditor General for an authorized audit:
* a county attorney or the Attorney General investigating alleged Open Meeting Law
violations.
4. Aperson who receives executive-session information under § 38-431.03 or § 38-431.06 may
disclose it only:
* to the Attorney General or county attorney;
* by agreement with the public body:
* to a court in camera for purposes of enforcing the Open Meeting Law.
disclosure does not waive any privilege.
ome
SOL CE. ALR.S. § 38-431.03(F).
On In investigating an alleged Open Meeting Law violation, the Attorney General or county
attorney may “Examine by means of inspecting, studying or copying any account, book,
computer, papliapelis rolnules, paper, recording or record.”
challenging
6. In an action the validity of an executive session, the court may review the minutes
in camera and, in its @scretion, disclose or admit part or all of them.
Source: ALR.S. § 38-431.07(0)
7. The Attorney General's handbook states that once a complainant alleges facts from which a
reasonable inference of an Open Meeting Law violation may be drawn, “the burden of proof
immediately shifts to a public body” to prove that an exception authorized the executive
session. It then states: “The best practice is for public bodies to keep an audio or video
recording of the executive session or to transcribe the executive session to ensure that they
are prepared to meet their burden of in event a is
plank the seimpietns ie"
Atorr ey General, Ac gency Handbook ¢ f (QUDeH fy
8. Phoenix City Code § 2-60, the Rules of Council Proceedings, contains no rule that refers to
executive sessions. Its history note lists amending ordinances from 1996 through 2021.
Among its rules:
* Rule 3 directs the City Clerk to prepare and publish the formal agenda.
* Rule 10(b) provides: “Unless otherwise provided by law, these rules may be suspended
or modified at any time, by a majority vote of the Council.”
* Rule 11 provides that citizen comments “will be televised as part of the formal meeting.”
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SUMMARY
* Rule 12 requires the Council to hold all meetings in accordance with the Arizona Open
Meeting Law.
2026}.
9. The City’s Executive Session Agendas webpage states that “Materials, minutes, and
discussions utilized during E-session are confidential and cannot be disclosed unless
otherwise provided by law.” It does not address whether executive sessions are recorded. No
published City rule, policy or procedure on recording executive sessions was located in City
Code § 2-60 or on that webpage.
sea UX, |
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REQUEST FOR COUNCIL ACTION
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
Adopt an ordinance adding a new section to Chapter 2 of the Phoenix City Code that requires
the City Clerk to make a continuous, confidential audiovisual recording of every executive
session, with primary and backup systems, to stop the session if recording fails, and to preserve
the original recording permanently and unaltered, verified by cryptographic hash and tracked by
an audit log that is public except for protected portions.
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 an
ordinance.
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, or a consolidated vote also does not act upon this petition.
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PROPOSED MESSORE
__
Current Code text used Phoenix City Code as published by the City’s codifier at
phoenix.municipal.codes, retrieved October 13, 2026
Codifier’s stated currency = Current through Ordinance G-7524, passed June 17, 2026, as stated by
the codifier on October 13, 2026
Amendment marking Additions in CAPITAL LETTERS; deletions in strikethrough.
ORDINANCE G-
AN ORDINANCE AMENDING CHAPTER 2, PHOENIX CITY CODE, BY ADDING SECTION
2- , RELATING TO CONFIDENTIAL OFFICIAL RECORDING AND PERMANENT
PRESERVATION OF EXECUTIVE SESSIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as follows:
SECTION 1. That Chapter 2, Article II of the Phoenix City Code is hereby amended by adding Section
2- to read as follows:
2- - CONFIDENTIAL OFFICIAL RECORDING AND PERMANENT PRESERVATION OF
EXECUTIVE SESSIONS.
A. THE OFFICIAL INTERIOR RECORDING REQUIRED BY THIS SUBSECTION IS A
CONFIDENTIAL EXECUTIVE-SESSION RECORD. THE CITY CLERK SHALL MAKE A
CONTINUOUS OFFICIAL AUDIOVISUAL RECORDING BEGINNING WHEN THE PUBLIC IS
EXCLUDED AND CONTINUING WITHOUT INTERRUPTION UNTIL THE EXECUTIVE SESSION
ENDS. THE RECORDING SHALL INCLUDE EVERY COMMUNICATION MADE WHILE THE
PUBLIC IS EXCLUDED AND SHALL NOT BE PAUSED, STOPPED, EDITED, OR PLACED OFF
THE RECORD. ANY RECORDING OF THE PUBLIC MEETING BEFORE OR AFTER THE
EXECUTIVE SESSION SHALL BE SEPARATELY IDENTIFIED AND MAINTAINED AS A PUBLIC-
MEETING RECORD.
B. NO AUDIO OR VIDEO FROM INSIDE THE EXECUTIVE-SESSION ROOM, NO REMOTE
EXECUTIVE-SESSION COMMUNICATION, AND NO CONFIDENTIAL DOCUMENT, DISPLAY,
SCREEN, OR COMMUNICATION SHALL BE TRANSMITTED THROUGH A PUBLIC FEED OR
MADE PUBLICLY ACCESSIBLE. IF A SEPARATE PUBLIC OBSERVATION FEED OR RECORD IS
INDEPENDENTLY AUTHORIZED OR REQUIRED BY LAW OR ANOTHER COUNCIL RULE, IT
SHALL REMAIN SEPARATE FROM THE CONFIDENTIAL RECORDING AND SHALL NOT
CAPTURE OR EXPOSE CONFIDENTIAL EXECUTIVE-SESSION CONTENT. THIS SECTION
NEITHER REQUIRES NOR INDEPENDENTLY AUTHORIZES CREATION OR PUBLIC
DISCLOSURE OF A PUBLIC OBSERVATION FEED OR RECORD.
C. THE CITY SHALL USE PRIMARY AND BACKUP RECORDING SYSTEMS CAPABLE OF
MAKING COMPLETE, SYNCHRONIZED, AND INTELLIGIBLE AUDIO AND VIDEO RECORDS.
THE RECORDING SHALL PERMIT IDENTIFICATION OF EACH SPEAKER AND SHALL
CONTINUOUSLY PRESERVE THE DATE, TIME, AND PARTICIPATION OF EACH PERSON
ATTENDING IN PERSON OR BY TECHNOLOGICAL MEANS. PUBLIC STREAMING OR PUBLIC
DISCLOSURE FEATURES USED FOR PUBLIC COUNCIL MEETINGS SHALL BE DISABLED FOR
THE CONFIDENTIAL RECORDING.
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PROPOSED MEASURE
D. BEFORE SUBSTANTIVE COMMUNICATION BEGINS, THE CITY CLERK SHALL RECORD A
ROLL CALL STATING THE NAME, TITLE OR ROLE, AND PARTICIPATION METHOD OF EVERY
PERSON PRESENT. THE CITY CLERK SHALL RECORD EACH LATER ENTRY, JOINDER,
DEPARTURE, DISCONNECTION, AND RECONNECTION WHEN IT OCCURS.
E. IF BOTH THE PRIMARY AND BACKUP RECORDING SYSTEMS FAIL OR CEASE TO
PRODUCE A COMPLETE AND INTELLIGIBLE RECORDING, ALL SUBSTANTIVE
COMMUNICATION SHALL STOP IMMEDIATELY AND SHALL NOT RESUME UNTIL
RECORDING HAS BEEN RESTORED. THE CITY CLERK SHALL DOCUMENT THE FAILURE,
ITS DURATION, AND THE CORRECTIVE ACTION TAKEN.
PF. THE CITY CLERK SHALL PRESERVE PERMANENTLY:
1. THE COMPLETE ORIGINAL RECORDING AS AN IMMUTABLE BITSTREAM IN ITS
NATIVE FORMAT;
2. AT LEAST ONE PRESERVATION COPY IN A DURABLE, NONPROPRIETARY FORMAT:
3. A CRYPTOGRAPHIC HASH SUFFICIENT TO VERIFY THE INTEGRITY OF THE ORIGINAL
RECORDING AND EACH PRESERVATION COPY; AND
4. AN AUDIT LOG IDENTIFYING EVERY ACCESS, REPRODUCTION, TRANSFER,
MIGRATION, DERIVATIVE, OR DISCLOSURE OF THE RECORDING.
G. THE ORIGINAL RECORDING SHALL NOT BE ALTERED. ANY TRANSCODING, MIGRATION,
ENHANCEMENT, OR REDACTION SHALL CREATE A SEPARATELY IDENTIFIED DERIVATIVE
WITHOUT REPLACING OR MODIFYING THE ORIGINAL. THE CITY CLERK SHALL PRESERVE
EACH DERIVATIVE, RECORD ITS RELATIONSHIP TO THE ORIGINAL, AND GENERATE A
NEW CRYPTOGRAPHIC HASH FOR THE DERIVATIVE.
H. THE CITY CLERK SHALL VERIFY THE INTEGRITY AND READABILITY OF THE ORIGINAL
RECORDING AND EACH PRESERVATION COPY AT LEAST ANNUALLY AND SHALL CREATE A
NEW PRESERVATION DERIVATIVE WHEN NECESSARY TO PREVENT FORMAT OR MEDIA
OBSOLESCENCE. NO MIGRATION OR DERIVATIVE MAY REPLACE THE ORIGINAL
RECORDING.
I. THE CONFIDENTIAL RECORDING AND EVERY COPY, DERIVATIVE, AND REPRODUCTION
SHALL BE MAINTAINED SEPARATELY FROM PUBLIC MEETING RECORDS AND PROTECTED
AGAINST UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION, DELETION, OR PUBLIC
TRANSMISSION. ACCESS TO AND DISCLOSURE OF THOSE RECORDS SHALL COMPLY WITH
A.R.S. 88 38-431.03(B), 38-431.03(F), 38-431.06, 38-431.07(C), AND OTHER CONTROLLING LAW.
NOTHING IN THIS SECTION INDEPENDENTLY AUTHORIZES PUBLIC ACCESS TO OR PUBLIC
DISCLOSURE OF CONFIDENTIAL EXECUTIVE-SESSION INFORMATION.
J. THE AUDIT LOG REQUIRED BY SUBSECTION F IS A PUBLIC RECORD EXCEPT FORA
SPECIFIC PORTION WHOSE DISCLOSURE WOULD REVEAL CONFIDENTIAL EXECUTIVE-
SESSION INFORMATION OR THAT THE CITY IS OTHERWISE AUTHORIZED OR REQUIRED
BY LAW TO WITHHOLD. THE CITY SHALL IDENTIFY THE LEGAL AUTHORITY FOR EACH
WITHHELD PORTION.
K. THIS SECTION IS NOT SUBJECT TO SUSPENSION OR MODIFICATION UNDER RULE 10(B)
OF SECTION 2-60.
SECTION 2. NO APPROPRIATION. This Ordinance appropriates no funds.
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PROPOSED MEASURE
SECTION 3. SEVERABILITY. If any provision of this ordinance or its application to any person or
circumstance is held invalid, the invalidity does not affect any other provision or application that can be
given effect without the invalid provision or application.
SECTION 4. This ordinance shall take effect and become operative thirty days after passage.
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