OPEN MEETING LAW TRAINING 10-01-2025

October 1, 2025
Citizens Utility Advisory Commission

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.

Arizona 
Statutes
“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)

Arizona 
Statutes
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)

Applicable to any “public body.”
Public Body – includes any 
political subdivision, 
subcommittee, special and 
advisory committees appointed 
by the public body.
Does not include judicial 
proceedings,  legislative 
conferences or caucuses.
Municipalities 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, propose, deliberate or take “legal action.”
“Legal  action” is a collective decision or 
commitment within the public body’s scope of 
duties. All discussion and legal actions of public 
bodies can only be taken during a public meeting. 
Must have a quorum (majority or defined number) 
of members present.  No quorum = no meeting
A quorum can be created unintentionally through 
a series of communications among members. 
For social event where a quorum may be present, 
inform staff and ask them to post a “courtesy 
notice” including statement no CUAC business 
will be discussed or legal action taken.
All public meetings must be memorialized by 
minutes.  Minutes can be taken in writing or 
recorded (audio or video) and available for public 
inspection within 3 working days.

“Hub and Spoke”  -- A Member of the 
public body sends a one-way electronic 
communication (email or text) to a 
quorum of the members to propose or 
coordinate  legal action; or
“Daisy Chain”  -- There is an exchange of 
electronic communications among a 
quorum of the members that discusses, 
deliberates or proposes taking of legal 
action concerning a matter likely to come 
before the public body for action. 
Can happen be telephone, or 
electronically (email, text, IM, social 
media comments, etc.)

Board member can request information 
but cannot request an opinion or 
substantive communication about 
board business and cannot forward it 
to other board members. 
Staff can send an email to all board 
members with information (e.g. 
Meeting Agenda packets)
Remember, all emails, texts, and other 
electronic communications and public 
records and must be maintained for 
public inspection and production.  
Make sure you email is professional 
and only involves one issue or topic.


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).

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.

Post notice of when meetings will be held.  
Meetings may only be held more than 24 
hours after posting an agenda.
Agendas must also note the time the public 
can access the meeting location physically  (if 
meeting is in-person) or on-line.
Identify all specific items to be discussed.  
Agenda items should contain whatever 
information is “reasonably necessary to inform 
the public” of the matter to be discussed or 
decided.
If a “summary” or Director’s Update is listed 
on the agenda, information can be reported 
but not discussed.
If an item is not on the agenda, you cannot 
discuss it.  Discussion may only be had on 
matters “reasonably related” to an agenda 
item.
New items may be added for future meetings.

Public has the right to:
Attend Meetings
Listen to Deliberations
Record meetings as long as they are not 
actively interfering with meeting
Expect ADA compliance to attend
City cannot require public to sign in or give 
name unless the person is asking to speak in 
“Call to the Public.”  Amount of time given to 
speak can  be limited.
“Call to the Public” can be, but is not required 
to be, part of agenda.   Allows individuals to 
address CUAC on any issue within its 
jurisdiction. 
CUAC members may respond to any criticism, 
direct staff to study a matter or put a matter 
on a future agenda.  But no discussion or legal 
action may take place during “Call to Public.”

An exception to the Open Meeting Law.
Possibility of going into E-Session must be included on 
published agenda.
Used for nine limited reasons that might harm the public body 
if not kept confidential.  Examples:
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.

A motion must be made and a majority of the members 
constituting a quorum must vote to go into Executive 
Session.
All discussions and materials presented are confidential.
Items of discussion must still be listed on an agenda 
without compromising confidentiality.
Public body cannot take legal action in Executive Session.
Separate minutes must be kept even if not made public.
Only individuals “reasonably necessary” are allowed to 
attend (e.g., Board members, staff, recorder, attorney)

When in doubt on whether conduct 
would be a violation of OML, 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.
All discussions and materials 
presented are confidential.
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.

Conflict 
of Interest
Any public officer or employee who has, 
or whose relative has, a substantial 
interest in any contract, sale, purchase, 
service or decision of the public agency 
shall make such interest known in the 
official records and refrain from voting 
or otherwise participating in such 
matter.  A.R.S. § 38-503.
“Substantial interest” means a non-
speculative pecuniary or proprietary 
direct or indirect interest (other than a 
remote interest).
12-month prohibition for representing 
another person concerning any matter 
with which the officer was directly 
concerned and personally participated 
in.
2-year (or longer) prohibition on 
disclosing confidential information 
acquired during course of official 
duties.

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.