Open Meeting Law Presentation

March 4, 2026
Citizen Bond Election Committee (Ad Hoc)

“All meetings of any public
body shall be public meetings
and all persons so desiring
shall be allowed 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, 
subcommittee, and special or 
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, or
take “legal action.”
No quorum = no meeting
But, if a gathering is less than a quorum, 
be cautious! 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
communication to a quorum of the members that proposes legal action.
“Daisy Chain” – There is an exchange of communication among a quorum of
the members that involves a discussion, deliberation or the taking of legal
action by the public body concerning a matter likely to come before the
public body for action.
Can happen via telephone, electronically (email, text, IM, social media
comments, etc.), or in person.

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.
Board 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).

Agenda must be posted at least 24 hours before 
meeting.
Agendas must also note the time the public can 
access the meeting location physically  (if 
meeting is in-person) or online.
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 and action may only be had on 
matters “reasonably related” to an agenda item.

All public bodies must 
provide for the taking of 
written minutes or a 
recording of 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; or
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
Action of public body taken in violation of open
meeting law is null and void unless:
Ratified by the public body in a public meeting
within 30 days of discovering the violation; and
The
public
is
given
a
detailed
written
description of the action to be ratified at least
72 hours in advance of the meeting at which
the ratification is voted on.
When in doubt on whether conduct would be a
violation of open meeting law, consult the City
Attorney’s Office or the Arizona Ombudsman’s
website:
https://www.azoca.gov/open-meeting-
and-public-records-law/open-meetings/
The 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.
The Attorney General’s Office works with the
public body to resolve the complaint. The most
common penalty is mandatory re-training of the
public body to educate and ensure compliance in
the future.

Civil Penalties may be 
assessed when:
Persons repeatedly and 
knowingly violate the open 
meeting law, or 
Persons repeatedly and 
knowingly aid, agree to aid, or 
attempt to aid another in a 
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.