07 OPEN MEETING LAW TRAINING

September 6, 2023
Citizens Utility Advisory Commission

All 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.R.S § 38-431.01 (A)

“It is the public policy of this 
state that meetings of public 
bodies be conducted openly 
and that notices and agendas 
be provided for such meetings 
which contain such information 
as is reasonably necessary to 
inform the public of the matters 
to be discussed or decided.” 
A.R.S. § 38-431.09(A)

Applicable to any “public 
body.”
Public Body – includes any 
political subdivision and 
special or advisory 
committees appointed by the 
public body.
Does not include judicial 
proceedings,  legislative 
conferences or caucuses.
Beginning October 30, 2023, 
municipalities also have to 
provide seating for 
“reasonably anticipated 
attendance”

“Meeting” is a gathering, in person or 
through technological devices, of a 
quorum of the members of the public 
body at which they discuss or take 
“legal action.”
No quorum = no meeting
But, if a gathering is less than a quorum, 
be careful! Even if you do not physically 
have a quorum present, be careful 
about engaging in conduct that 
unintentionally creates a quorum.

“Hub and Spoke”  -- A Member 
of the public body sends a one-
way electronic communication to 
a quorum of the members that 
proposes legal action; or
“Daisy Chain”  -- There is an 
exchange of electronic 
communications among a 
quorum of the members that 
involves a discussion, 
deliberation or the taking of 
legal action concerning a matter 
likely to come before the public 
body for action. 
Telephone, or
Electronically (email, text, IM, 
social media comments, etc.)

All legal actions of public bodies can 
only be taken during a public meeting.  
“Legal  action” is a collective decision 
or commitment within the public body’s 
scope of duties.
CUAC members can still discuss or 
express their opinion publicly at a 
venue other than a meeting, provided 
their opinion is:
Not principally directed at another 
member of the public body
There is no concerted plan to engage 
in collective deliberation to take legal 
action.  A.R.S. § 38-431.09(B).

To make recommendations to City 
Council.
Related to water and solid waste 
management services, operation, 
policies, rates, fees and budgets.
Consists of 7 members.
All recommendations must receive an 
affirmative vote of not less than a 
majority of the members present at 
the meeting.

Agenda must be posted at least 24 hours 
before meeting.
Can only discuss and take action on agenda 
items.
If a “summary” or Director’s Update is listed 
on the agenda, information can be reported 
but not discussed.
CUAC may make an open call to the public 
to allow individuals to address the CUAC on 
any issue within its jurisdiction.  Individual 
Members may respond to any criticism, ask 
staff to review a matter or put the matter on a 
future agenda.  But no discussion or legal 
action may take place.
Beginning October 30, 2023, Agendas must 
also note the time the public can physically 
access the meeting location (if meeting is in-
person).

All public bodies must 
provide for the taking of 
written minutes or a 
recording their meetings, 
including any Executive 
Sessions.
A statement describing the 
legal action(s) taken or a 
recording or minutes must 
be posted on the City’s 
website within 3 working 
days.  This posting remains 
on website for 1 year.
Members of the public can 
record a meeting.

Closed to the public.
Used for limited reasons that might harm the public body if 
not kept confidential (ARS §38-431.03):
Hiring or firing of certain officers/appointees
Legal advice
Discussion with attorney regarding pending contracts or 
litigation
Discussions with City representatives concerning purchase 
or lease of real property.

Meeting must still be posted with 24 hours’ notice to public 
(unless an emergency exists).
Items of discussion must still be listed on an agenda 
without compromising confidentiality.
Public body cannot take legal action in Executive 
Session.
All discussions and materials presented are 
confidential.

Violations can occur 
when discussions or 
deliberations take 
place between less than 
a quorum, or by 
(electronic) devices, 
circumventing the 
purpose of the OML.
Action of public body taken 
in violation of OML is null 
and void unless:  
• Ratified by public body in a public meeting 
within 30 days of discovering violation
• Public given a detailed written description of 
action to be ratified at least 72 hours in 
advance of meeting at which ratification is 
voted on.
When in doubt, consult City Attorney’s Office or Arizona Ombudsman Website:
https://www.azoca.gov/open-meeting-and-public-records-law/open-meetings/

Attorney General investigates complaints of violations of Open Meeting Law.
Complaints must be in writing and signed.
Any person affected by a violation may bring a lawsuit for enforcement.
AG’s Office works with public body to resolve the complaint.  Most common 
penalty is mandatory (re)training of public body to educate and ensure 
compliance in the future.

Civil Penalties may be 
assessed when:
Persons repeatedly and 
knowingly violate the OML, or 
Persons aiding, agreeing to 
aid, or attempting to aid 
another in the violation
Up to $500 for second 
violation; and up to $2,500 for 
each subsequent violation.
Assessment is against the 
person; public body cannot 
pay the penalty.
If violator intends to deprive 
the public of information, 
he/she may be removed from 
office.

ROBERT’S 
RULES OF 
ORDER
GENERAL 
PRINCIPLES
Method the City generally 
uses for conducting public 
meetings.
Use these rules to make sure 
everyone is heard and 
decisions are made without 
confusion.
Steps for taking Action:
Being recognized by the 
Chair to speak, 
Making a motion, 
Obtaining a second, 
Debating the motion and 
Voting on the motion.

The purpose of a Motion is to introduce items to the 
membership for their consideration.
Items to be considered may only relate to “the impact of the 
City’s water and solid waste management services, 
operations, policies, rates, fees and budgets on the well-
being and quality of life of Glendale residents and 
businesses.” (Ord. O17-06)
Motion should be stated in the affirmative:  “I move to 
approve staff’s recommendation on the new utility rates.”
All motions need a second.  If motion is not seconded, the 
Motion is defeated.

After a second is obtained, Chair will open the floor for 
discussion.  Moving Board Member generally speaks first.
Chair must recognize a speaker in order for him/her to have 
the floor.
Any comments on the Motion made during debate should be 
directed toward the Chair, not to other members or the 
public.
Chair may set a time limit for speakers. 
Moving Member may speak again only after all other CUAC 
members have spoken, unless called upon by the Chair to 
answer a question or otherwise respond.

Motions may be “tabled” for reconsideration and a later vote or 
“postponed indefinitely”
Motions may be withdrawn, modified or amended.  A member can 
propose a change on the main motion under consideration.  An 
amendment should be approved or rejected prior to voting on the 
main motion. 
Vote may be taken by Voice (all in favor say “aye,” opposed “nay”) 
or by Roll Call.  A Motion is approved by a majority vote of the 
quorum.
The results of all votes will be announced by the Chair and recorded 
in the minutes of the meeting.
Remember, CUAC can only forward make recommendations to 
Council if a majority of the members presents vote in the 
affirmative.