Board, Committee and Commission Manual

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BOARDS, COMMITTEES, AND 
COMMISSIONS MANUAL 
 
 
 
                                                 
 
                                               
 
Update January 29, 2026

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INDEX 
 
I. 
Introduction from the Mayor 
 
II. 
Appointment 
 
III. 
Town of Wickenburg Overview 
 
IV. 
Town Boards, Committees, and Commissions 
 
V. 
Responsibilities 
 
VI. 
Laws, Regulations & Procedures 
 
VII. Open Meeting Law 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
"Every person can make a difference, and every person should try." 
 
- President John F. Kennedy -

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INTRODUCTION 
 
 
 
 
 
 
 
Dear Board, Committee and Commission Members, 
 
Please accept my deepest appreciation for the time, talents, and 
commitment that you are generously giving the Town of Wickenburg 
by serving as a board, commission, or committee member. As a board, 
commission, or committee member you will be of great service to the 
community and will play a significant role in preserving our history and 
values, and in shaping our future. 
 
You will be working with designated Town staff members who are well-
educated, trained, and enthusiastic in their field of expertise. These 
individuals will provide you with the materials necessary for you to 
make informed recommendations to the Town Council. It truly is a 
rewarding experience to be able to make decisions that will affect the 
lives of so many of our business owners, community members, and 
visitors. 
 
You are joining a very special group of people who together will build 
a future for our community.  
 
On behalf of Vice Mayor Brian Jones and Councilmembers Kristy 
Bedoian, Shawn Clark, Margaret Nyberg, Becky Rovey, and Art 
Rubash, I express a very sincere “thank you” for your service. 
 
With gratitude, 
BG Bratcher 
Mayor 
 
 
 
 
“There is incredible value in 
being of service to others.” 
-   Elizabeth Berg -

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APPOINTMENT 
 
Congratulations! Thank you for your choice to serve your 
community as an appointed board, committee, or 
commission member. In most cases, the Mayor has 
recommended your appointment to a board, committee or 
commission and the Council has affirmed the appointment. 
Wickenburg’s boards, committees and commissions serve 
mostly in an advisory capacity to the Town Council. As a member, your heart for 
service, experience, and input will truly make a difference to the community. You 
will have the opportunity to build a better community and improve our quality of life 
and quality of place. 
 
To prepare you for this experience, this manual has been developed. The first 
important point is that you must be willing to put in the time and commitment 
necessary to be an effective member. You will be expected to read and study 
materials in advance of meetings and sometimes conduct research. You will have 
to listen to presentations and testimony at public meetings from your colleagues, 
residents, and others. Your job is to support the democratic process by considering 
the broadest set of perspectives on issues. You must not just consider only your 
own perspective but must consider the perspectives of all who have a stake in any 
particular issue. As a good member, you will need to be prepared to ask related 
questions, 
and 
evaluate 
all 
of 
the 
information 
to 
make 
a 
sound 
decision/recommendation. 
 
Second, you will participate in offering recommendations to the Mayor and Council 
that will help them reach important decisions. Sometimes, Council decisions will 
directly incorporate your recommendations, while at other times your input will be 
only one of many factors that must be weighed by the Mayor and Council to make 
their final decisions. 
 
Third, holding an appointed position is an honor, but comes 
with certain legal responsibilities that can be a challenge. 
As an appointed official, you will need to know and 
understand the various Arizona laws that apply to your 
conduct in office and how to comply with them. For 
instance, Arizona Open Meeting Law requires all official 
meetings to be conducted in open and advertised forums. 
In addition to the challenges of making good decisions, you 
must be careful to not violate state laws in the course of 
your service. Expect that all decisions made by your group will be reviewed and

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scrutinized by the public. This manual will give you an overview of State laws 
regarding open meeting laws in a following section.   
 
Finally, you are now part of the Town of 
Wickenburg’s official family. Your personal behavior, 
both inside and outside public meetings, will be 
observed and be open to criticism by others. Ethics, 
good judgment, and civility are expected. As a board, 
committee, or commission member, you must 
remember that alone you have no power. You are 
part of a board, committee, or commission, and only 
together is there the power to implement or change policy matters. Don't promise 
anything as a single member. You may have to eat your words. Promise only that 
you will bring it up to the board, committee or commission after the issue goes 
through the chain of command. 
 
Being a board, committee, or commission member is not an easy job, but if you do 
it well, it will be rewarding, and you can help shape the future of Wickenburg. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
“Never doubt that a small group of thoughtful 
committed citizens can change the world;  
indeed, it's the only thing that ever has.” 
 
- Margaret Mead -

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Overview 
 
Wickenburg, a community of 7,700, is known for its clean air, wide-open spaces, 
guest ranches, tourism and medical services sector. It is the Dude Ranch Capital 
of Arizona with four ranches that still offer a unique Western experience ranging 
from a cozy adobe hacienda to a modern ranch resort complete with a 
championship golf course.  
 
We have a Mayor that is directly elected for a four-year term, and six 
Councilmembers elected at large to four-year staggered terms (no term limits). 
Elections are held every two years (even numbered years). The Vice-Mayor is 
selected by the Mayor and Councilmembers. 
 
Wickenburg operates under the Council-Manager form of government, under 
which the Town Council functions as the legislature and the Town Manager, as 
chief appointed official, administers Council policies. The Council-Manager form of 
local government (cities, towns, and counties) creates a bright line between the 
adoption of municipal policy and the administrative or operational functions of town 
staff. Under the Council-Manager form, elected officials on the Council are 
ultimately responsible for making the policy decisions about town functions, 
budgets, tax rates, planning and zoning, general plans, long- and short-range town 
goals, contract approvals, etc. They receive information and recommendations 
from the Town Manager and generally oversee the performance of town 
government. They also are the link between residents in the community and their 
local government. All governmental authority resides with the Council as a body of 
elected officials.  
 
The Council works with a professionally-trained manager to develop policy 
positions and then delegates to the manager the responsibility to carry out their 
decisions. The manager does not set or make policy decisions, but is the person 
primarily responsible for making policy recommendations and for carrying out the 
decisions of the Council.  
 
The manager and his or her management team have responsibility for hiring and 
firing personnel, for managing town operations within the Council-approved budget 
and for implementing the various day-to-day services of the town. The manager 
and his or her staff do the background research on various topics in order to 
present the Council with objective pros and cons on policy alternatives. He or she 
serves at the pleasure of the Council and can be dismissed at any time with the 
vote of a majority of its members.

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The Council-Manager form of government is the most widely used system in the 
nation among cities and towns of more than 2,000 in population. It has proven its 
value both locally and nationally in terms of citizen participation and operating 
efficiency.   
 
Council: 
 
The Town Council is the local policy making and law-making body possessing 
broad authority and the legal power to govern the affairs of the community. The 
job of the Council essentially is to use these powers granted by state law and local 
ordinances for the good of the community and its residents. In legal jargon, the 
Town Council is a legislative body vested with all the corporate powers of the 
municipality. The legislative tasks of the Council are accomplished through its 
collective power to pass laws and make decisions regarding the town. It is 
important to remember, however, that the powers of local government are 
restricted. Local laws must conform to the United States and Arizona Constitutions, 
federal laws and the laws of the state of Arizona. Although the power to enact local 
laws is, therefore limited, a Town Council has a wide range of legal authority to 
pass laws for the good of the community.  
 
The Mayor has a number of specific responsibilities: 
 
➢ Is the Chairman of the Council and presides over its meetings. May make 
and second motions and shall have a voice and vote in all its proceedings.  
 
➢ Executes and authenticates by his signature such instruments as the 
Council, or any Statutes, ordinances or as required by the Town Code.  
 
➢ Makes such recommendations and suggestions to the Council, as he may 
consider proper.  
 
➢ Makes appointments to all town Committees, Board, and Commissions 
subject to the consent of the Council.  
 
➢ Governs by proclamation in the event of the threat of or occurrence of acts 
of natural disaster, riot, rout or affray sufficient to constitute great danger to 
the town and its residents.  
 
➢ Represents the town at ceremonial functions. 
 
The Vice Mayor: 
 
The Vice Mayor is selected by a majority of the Council, from among its own 
members for a two year term, and shall serve until his successor is appointed and 
qualified. In the absence of the Mayor, the Vice Mayor performs the duties of the 
Mayor, and when so acting, has all of the powers and be subject to all of the

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restrictions upon the Mayor. The Vice Mayor performs such other duties as, from 
time to time, may be assigned to him by the Mayor or the Council.  
 
Town Administration 
 
Under our form of government, the Town Manager is the “chief administrative 
officer” and the head of the administrative branch of town government. The town 
organization is comprised of nine (9) departments. 
 
Town Manager: Is appointed by the Town Council and is responsible to the 
Council for the proper administration of all affairs of the town under the 
specific direction and control of the Council. 
 
Town Attorney: The Town Council appoints the Town Attorney. Town 
Attorney acts as the legal counselor and advisor of the Council and other 
town officials, and as such shall give his/her opinion in writing when 
requested. Town Attorney reviews all deeds, contracts, conveyances, 
ordinances, resolutions and other legal instruments when required by the 
Council. Prosecutes and defend all suits, actions or causes where the town 
is a party, and reports to the Council, when required, the condition of any 
suit or action to which the town is a party.  
 
Town Magistrate/Court: The Town Council appoints the Town Magistrate. 
The Town Magistrate is the presiding officer of the Court and performs those 
functions necessary to the maintenance of a Court as provided by State 
Statute. Additionally, the Magistrate serves as the Juvenile Hearing Officer.  
 
Community Development: The Department is responsible for planning 
and zoning, building safety, floodplain administration, code enforcement, 
and geographic information systems (GIS). The Department is responsible 
for assisting businesses with relocating, supporting business growth 
opportunities, and enhancing the current western culture through downtown 
revitalization efforts. This Department oversees special events, including 
the Fly-in & Classic Car Show, West Fest, 4th of July Spectacular, 
Oktoberfest and Christmas Tree Lighting. Town facility rentals is also under 
this department including rental of the Community Center, rodeo grounds 
and athletic fields.   
 
Finance: The Department monitors and oversees the town accounting 
system. Has the responsibility for implementing the purchasing rules and 
regulations of the town, including procurement of town supplies, services 
and construction, establishing and maintaining programs for the inspection, 
testing and acceptance of supplies and services; process vendor claims. 
The Director assists the Town Manager in the preparation, adoption, 
execution and audit of the town budget. Additionally, the Director

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coordinates the annual audit activities with contracted auditors. Information 
Technology and Grants are currently overseen by this Director. 
 
Fire: The Department is charged with Fire suppression, prevention, 
education, and emergency management in order to minimize life loss and 
property destruction using the available resources and technologies in 
tactics and code enforcement.   
 
Human Resources: This department plays a pivotal role in managing and 
supporting the town’s workforce. Functions include recruitment, employee 
relations, training and development, benefits administration, performance 
management, and compliance with employment laws and regulations. This 
Department oversees year-round recreation activities for all ages in the 
parks, facilities, aquatic center and library.  
 
Police: The Department is charged with providing peace, order and safety 
to the community through the enforcement of laws and ordinances. This 
department is also responsible for animal control and dispatch services. 
 
Public Works: The Public Works department is responsible for the 
functions of sanitation (collection & recycling), sewer, streets, equipment 
maintenance, and electric services. The Parks and Facilities division is 
charged with the care of the Town’s parks system, and maintenance of all 
town facilities. The department also oversees administration of the 
Wickenburg Municipal Airport. 
 
Town Clerk: The Department is responsible for the town’s records 
management program, conducting municipal elections, preparing and 
maintaining the official record of the Town Council and committee meetings, 
codifying ordinances to be included in the Municipal Town Code, and 
administering the issuance of business licenses.  
 
 
 
 
 
 
 
 
 
“Far and away the best prize that life has to offer  
is the chance to work hard at work worth doing.” 
 
- President Theodore Roosevelt -

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TOWN OF WICKENBURG 
BOARDS, COMMITTEES AND COMMISSIONS 
 
 
 
The Council is committed to encouraging active public 
participation from the community in its decision-making 
process through the appointment of residents to the 
town’s six (6) ongoing advisory boards, committees, and 
commissions.   
 
 
 
Creation of Boards, Committees and Commissions  
 
The Council may create such Boards, Committees and Commissions as it deems 
necessary. All such Boards, Committees and Commissions are governed by 
general duties, outlined in the respective enacting Board, Committee or 
Commission Ordinance. 
 
Each Board, Committee and Commission shall be composed of ten (10) members, 
except the Board of Adjustment and Public Safety Retirement Boards. One (1) 
member, non-voting shall be an elected member of the Council, appointed by the 
Mayor, and subject to approval of the Council. Two (2) members shall be 
designated as alternates to step in at a meeting where a member is absent. Seven 
(7) members are designated as regular members. All members shall be appointed 
by the Mayor and subject to the approval of the Council. All the members shall be 
residents of the Town of Wickenburg. The term of the Council liaison shall be two 
(2) years. The term of each resident member shall be two (2) years, however the 
initial appointments to a new committee will have half the members with a one (1) 
year term and half with a two (2) year term. The term of all members shall extend 
until their successors are appointed and qualified. Resident members shall serve 
no more than two (2) full terms, provided, however that the town clerk conducts a 
public call for applicants and no qualified applicants respond, the Mayor may waive 
this limitation.  
 
The unexcused or unexplained absence of a member from three (3) successive 
regular or special meetings of the Board/Committee/Commission shall be grounds 
for termination. Absence for any reason from one-half or more of the regularly 
scheduled meetings of the Board/Committee/Commission over a six (6) month 
period shall operate as an automatic forfeiture of a member's position on the 
Board/Committee/Commission. Staff liaison shall report in writing said absences 
to the Town Clerk, who will send the member a notice of termination. 
 
All members of the Board/Committee/Commission shall serve without 
compensation, except that they may be reimbursed for actual expenses incurred

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in connection with the duties of their office upon authorization or ratification by the 
Board/Committee/Commission and prior approval of such expenditure by the 
Council.  
 
Boards, Committees and Commissions established by the Council shall incur no 
debts nor make any purchases nor enter into any contracts binding the town. All 
matters coming before said Boards, Committees and Commissions involving the 
expenditure of money or the making of agreements or contracts shall be referred 
to the Council.  
 
Each Board/Committee/Commission shall elect a Chairperson and Vice 
Chairperson, from among its members, who shall serve one (1) year terms 
concurrent with terms on the Board/Committee/Commission or until their 
successors are duly elected and qualified, and who shall be eligible for re-
election. The Vice Chairperson shall perform the duties of the Chairperson in the 
latter's absence or disability. Vacancies shall be filled for the un-expired term by 
a new election.  
 
Each Board/Committee/Commission, shall meet regularly (usually every other 
month) and shall have a set meeting schedule to include meeting date, time, and 
place. Special meetings may be called at any time by the Chairperson or in his/her 
absence, by the Vice Chairperson, or by three (3) members making written request 
to the Town Manager through the staff liaison. Four (4) members of the 
Board/Committee/Commission shall constitute a quorum, and the affirmative vote 
of a majority of the members present shall be required for passage of any matter 
before 
the 
Board/Committee/Commission. 
Each 
member 
of 
the 
Board/Committee/Commission shall have one (1) vote. A staff representative shall 
keep a record of all Board/Committee/Commission transactions, findings, 
recommendations and determinations in the form of minutes, which shall be a 
permanent public record.  
 
The below is an overview of the town’s standing boards, committees and 
commissions: 
 
Board of Adjustment:  This Board is governed by Town Code Article 3-3 and 
primarily hears requests for variances of the Zoning Code.   
 
Community Programming Advisory Committee: This Committee serves in an 
advisory capacity in matters of recreation programming, special events and library 
programming.  
 
Economic Development and Transportation Advisory Committee: This 
Committee serves in an advisory capacity to the Council in matters of business 
attraction, business retention, business expansion, workforce development, 
tourism, airport and transportation.

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Parks and Trails Advisory Committee: This Committee serves in an advisory 
capacity in matters of the planning and functioning of the town parks, multi-use 
paths and trails including recommendations on the parks master plan and serves 
as the Tree Board USA.  
 
Planning and Zoning Commission:  This Commission provides advisory 
services in matters related to Planning and Zoning (present or future development 
of the town) to the Council, Town Officials, Boards and other governmental 
agencies. 
 
Public Safety Retirement Boards: This includes three separate boards, dispatch, 
police and fire, and review the annual actuarial report from the Public Safety 
Personnel Retirement System (PSPRS) as well as review retirements, disabilities, 
new hires and application regarding a member’s retirement benefits or survivor 
benefits. This board is governed by state law and therefore has different rules and 
board membership requirements including employee representatives elected by 
the employees.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
“We make a living by what we do, but we make a life by what we give.” 
 
- Winston Churchill -

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RESPONSIBILITIES 
 
Town Staff: 
 
Each board, committee and commission established by Town Council will have a 
town staff member assigned by the Town Manager to serve as the staff 
representative and coordinator to that body. If a board, committee, or commission 
member needs to contact town personnel for information concerning official 
business, he or she should always make the request through the staff 
representative. It is not the responsibility of board, committee, and commission 
members to decide or direct the priority of work for the individual staff 
representative that been assigned to the board, committee, or commission.  It is 
the responsibility of town staff to implement Council policy direction. 
 
In general, the staff representative will do the following: 
 
• Establish and maintain a positive working relationship with the members. 
• Assist with the establishment of board, committee, and commission 
structure and operating procedures. 
• Work with the chair to provide information and logistical support. 
• Provide members with the background information necessary for making 
an informed decision. 
• Offer advice and recommendations to members as appropriate and when 
requested. 
• Report the boards’, committees’, and commissions’ concerns to the Town 
Manager, who, in turn, will notify Council. The intent is for staff to keep the 
Town Manager informed. 
• Provide advice regarding the most effective way of presenting board, 
committee, and commission recommendation to the Town Council. 
• Facilitate interaction between boards, committees, and commissions as 
appropriate. 
• Make meeting arrangements and prepare and distribute agenda packets 
to board, committee and commission members on a timely basis, which 
is recommended to be, at minimum, three business days prior to the 
meeting. 
• Take notes during the meeting and prepare meeting minutes in a timely 
manner for approval by the board, committee, or commission. 
• No staff member shall serve as a voting or ex-officio member of any board, 
committee, or commission, except for the Public Safety Retirement 
Boards.

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RESPONSIBILITIES 
 
Boards, Committees and Commissions: 
 
Boards, Committees and Commissions have powers delegated to them and are 
given tasks to perform as determined by Council. Board, Committee and 
Commission functions and responsibilities are set by enacting ordinances and 
incorporated into the town code.   
 
Board, committee, and commission members are not elected officials. Therefore, 
they are purely advisory. They do not generally establish policy but recommend 
public policy to the Town Council. The town faces a large volume of issues, and 
they cannot research and study every issue thoroughly. This is why they rely on 
boards, committees, and commissions to offer recommendations on many of these 
issues.   
 
In making recommendations to the Town Council, board, committee, and 
commission members will consider all the information being provided as well as 
possible additional research to: 
 
• Provide citizens’ perspectives on issues 
• Enable citizens to contribute their expertise to the issues 
• Prioritize options for Council and refine recommendations 
• Act in full accordance with all town policies and procedures 
 
Council highly respects and values the recommendations offered by boards, 
committees, and commissions. They will weigh the recommendations offered to 
make decisions it determines will best serve the residents of Wickenburg. The 
Council can: 
 
• Follow the recommendations of the board, committee or commission 
• Request further study 
 
• Decide to take a different action than the recommendation made by the 
board, committee or commission 
• Decide not to act at all

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LAWS AND REGULATIONS 
 
Serving as a board, committee or commission member is an honor, but it comes 
with certain legal responsibilities that can be a challenge. As a board, committee 
or commission member, you need to know and understand the various Arizona 
laws that apply to your conduct in office and how to comply with them.  
 
Open Meeting Law 
 
The operation of government and the activities, decisions and policies of 
government officials are issues of concern to the general public. The public has a 
right to expect—and state law demands—adherence to an important and distinct 
principle: THE PUBLIC'S BUSINESS MUST BE CONDUCTED IN PUBLIC. 
 
The Arizona Legislature has declared its policy concerning open meetings very 
clearly: 
 
“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. Toward this end, any person or entity charged with the 
interpretations of this [law] shall construe any provision of this [law] in favor of open 
and public meetings.” 
 
State law requires that all public officials elected or appointed to a public body 
review Open Meeting Law materials prepared by the attorney general at least one 
day before taking office. Public body includes all elected officials, all boards, 
committees and commissions, all standing, special or advisory committees or 
subcommittees of, or appointed by, the public body. The Open Meeting Law 
materials from the attorney general’s office are posted on the public body’s 
website. 
 
Arizona’s Open Meeting Law (Law) provides very simply that, with a few limited 
exceptions, all meetings of a public body shall be open to all persons desiring to 
attend and listen to the deliberations and proceedings. The Law defines a 
"meeting" as "the gathering, in person or through technological devices of a 
quorum of members of a public body at which they discuss, propose or take legal 
action, including any deliberations by a quorum with respect to such action."  
Technological devices include but are not limited to e-mail, website, blogs, tweets, 
facebook, telephone, video conferences, and similar technologies. The label 
attached to a particular meeting does not alter application of the law. Whether the 
meeting is referred to as regular or special, workshop or study session, the law’s 
requirements must be met. A meeting may also occur when less than a quorum of 
the board/committee/commission discusses a matter of town business, and one or 
more 
members 
later 
discusses 
the 
matter 
with 
another 
board/committee/commission member. The only exception to the public meeting 
requirement is an executive session, which is discussed later.

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Public Notices of Meetings 
 
The Law requires a public body to give advance notice of every public meeting and 
executive session to the general public and to each member of the public body. In 
giving notice, the first step is to conspicuously post on the town website a 
statement identifying where notices of the meetings of the public body will be 
posted, including physical and electronic locations.  In Wickenburg, all meeting 
notices are posted on the town hall bulletin board and electronic notices are posted 
on the town’s website www.wickenburgaz.gov. 
 
Except in the case of an actual emergency, no public meeting or executive session 
may be held with less than 24-hour notice to the general public and each member 
of the public body. The notice must include the date, time, and place of the 
meeting. If an executive session will be held, the notice must also cite the specific 
provision of law authorizing the executive session. 
 
All public meetings are required to comply with the Americans with Disabilities Act 
(ADA).   
 
Agendas 
 
In addition to notice of the date, time, and place of the meeting, the law requires 
that the notice include either an agenda of the matters to be discussed, considered, 
or decided at the meeting, or information on how the public may obtain a copy of 
the agenda. The agenda for a public meeting must list the "specific matters to be 
discussed, considered or decided," and should contain "such information as is 
reasonably necessary to inform the public of the matters to be discussed or 
decided." Such items as "new business" or " old business" are insufficient unless 
the specific items of new or old business are identified.  
 
Agendas for executive sessions must contain a "general description of the matters 
to be considered" and must “provide more than just a mere recital of the statutory 
provisions authorizing the executive session,” but the agenda should not contain 
information that "would defeat the purpose of the executive session, compromise 
the legitimate privacy interests of a public officer, appointee or employee or 
compromise the attorney-client privilege.”  
 
The agenda may be made part of the public notice or, if the notice advises 
members of the Public how they can obtain an agenda, then it can be distributed 
separate from the notice. In either case, the agenda must be made available at 
least 24 hours before the meeting, unless an actual emergency exists. 
 
The agenda sets the parameters of what can be done during a public meeting. 
Only those items specifically listed on the agenda or matters related thereto may 
be discussed, considered, or decided. Two quasi-exceptions apply:

17 
 
 
First, agendas may include a “summary of current events” item, during which any 
member of the public body or the chief administrator “may present a brief summary 
of current events without listing in the agenda the specific matters to be 
summarized.” However, the public body may not propose, discuss, deliberate, or 
otherwise take legal action on such a matter at that meeting, unless that particular 
matter also has been specifically identified on the posted agenda. 
 
Second, a public body may (but is not required to) put an “open call to the public” 
on its agenda to allow members of the public to address the public body on matters 
not otherwise listed on the agenda. The public body may impose reasonable time 
restrictions on speakers during “call to the public” (three minute clock). However, 
the public may only raise issues within the jurisdiction of the public body, and 
members of the public body may not discuss or take legal action on new matters 
raised during an open call to the public. Members of the public body have four 
options: sit in silence or wait until “the conclusion of an open call to the public” and 
then respond to criticism, ask staff to review a matter, or ask that a matter be put 
on a future agenda so it can be discussed. 
 
Website Postings  
 
All public notices of meetings held by any public body of a town must be posted on 
the website. The Open Meeting Law requires that towns with populations in excess 
of 2,500 post on their website a statement showing legal actions taken by a town’s 
public body during a meeting or a recording of the meeting within three working 
days after the meeting. In addition, approved minutes of council meetings must be 
posted to the website within two working days after approval except for executive 
session minutes, which remain confidential. An exception to the time frame 
requirements is made for advisory committees and subcommittees. Those bodies 
must post a statement of legal action or a recording of their meeting within 10 
working days of the meeting. Minutes must remain on the website for at least one 
year from the date posted. 
 
Executive Sessions 
 
It’s not often that a board, committee, or commission will need to hold an executive 
session, but it’s available should it be required and should include the town 
attorney. The below describes the very limited use of executive sessions for public 
bodies. 
 
The law permits an executive session (a closed meeting) to be held only for nine 
limited purposes. In addition to the notice and agenda requirements set forth 
earlier, members of the public body must vote during a public meeting to agree to 
meet in executive session. The general public is properly excluded from an 
executive session. Only those “individuals whose presence is reasonably 
necessary in order for the public body to carry out its executive session

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responsibilities may attend the executive session.”  The public body must instruct 
those present at the executive session that all matters discussed in the executive 
session, as well as the minutes, must be kept confidential. Finally, no vote may be 
taken during an executive session. However, the public body may instruct its 
attorneys or representatives on the issues listed below under 4, 5, 6 and 7. Any 
final action on an item discussed in an executive session must be taken when the 
public body reconvenes in a public meeting. 
 
The only purposes for which an executive session discussion may be held are 
the following: 
 
1. Personnel matters involving a specific position or individual (and these 
individuals must be given written notice at least 24 hours in advance in case 
they want to be discussed in open session).The employee being discussed 
may be invited to attend but has no right to do so. Personnel matters are 
extremely sensitive, and there may be other laws and provisions that will 
apply to these discussions. It is critically important that your legal counsel 
be consulted. 
 
2. Confidential information specifically exempt by law from public inspection. 
 
3. Legal advice provided by the public body's attorney. 
 
4. Discussion with the public body’s attorney regarding pending or 
contemplated litigation, settlement discussions to avoid or resolve litigation, 
or contract negotiations. 
 
5. Instruction 
of 
designated 
representatives 
concerning 
salary 
and 
compensation negotiations with employee organizations. 
 
6. International and interstate negotiations, and negotiations by a town with a 
tribal council located within or adjacent thereto. 
 
7. Instruction of designated representatives concerning negotiations for the 
purchase, sale, or lease of real property.  
 
8. Discussion regarding school safety operations and plans.  
 
9. Discussion regarding other safety plans including for buildings, facilities, 
infrastructure, and IT. 
 
Improper use of the executive session provision is one of the most common types 
of Open Meeting Law violations. Therefore, a public body, with the assistance of 
its attorney, should establish a clear procedure to use before holding an executive 
session.

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Minutes 
 
All public bodies must take and retain written minutes or a recording of all 
meetings. Generally, your town staff liaison will ensure that minutes of your board, 
committee, or commission meeting are documented and provided to the Town 
Council for their review. 
 
The minutes or a recording of all public meetings must include, at a minimum, the 
following: 
 
1. The date, time, and place of the meeting. 
 
2. The members of the public body recorded as either present or absent. 
 
3. A general description of the matters discussed or considered. 
 
4. An accurate description of all legal actions proposed, discussed, or taken, 
and the names of members who proposed each motion. 
 
5. The names of persons making statements or presenting material to the 
public body and a reference to the specific legal action addressed by the 
person. 
 
6. Sufficient information to permit further investigation of the background or 
specific facts of a decision if the discussion in the public session does not 
adequately disclose the subject matter and specifics of the action taken. 
 
7. In case of an actual emergency, a statement setting forth the reasons 
necessitating a discussion, consideration, or decision without the matter 
being placed on an advanced agenda. 
 
8. In case of ratification, a copy of the required disclosure statement. 
 
The minutes of executive sessions must contain the information described in 1, 2, 
3, and 7 above, and an accurate description of all instructions given in an executive 
session and such other matters as may be deemed appropriate by the public body. 
 
The minutes or a recording of any meeting (except an executive session) must be 
available for public inspection no later than three working days after the meeting. 
In addition, for cities and towns with populations in excess of 2,500, a statement 
showing legal actions taken by a town’s public body at a meeting must be posted 
within three days of the meeting and approved minutes of council meetings must 
be posted to the town website within two working days of approval except for 
executive session minutes which are confidential. Advisory committees and 
subcommittees have ten working days to post a statement of legal action or a 
recording of their meeting on the website.

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Minutes must be taken in executive sessions and must be kept confidential except 
from the members of the public body that met in executive session; the officers, 
appointees, or employees who were the subject of discussion in a personnel 
executive session; the auditor general when conducting an audit; or the attorney 
general or county attorney when investigating alleged violations of the law. If the 
public body wishes to exclude all staff from attending the executive session, then 
the minutes should be kept or recorded by a member of the public body. 
 
In addition to written or recorded minutes of the meeting, the law provides that any 
part of a public meeting may be recorded by any person in attendance by means 
of a tape recorder, camera, or other means of sonic reproduction as long as there 
is no active interference with the conduct of the meeting. 
 
E-Mail and Other Social Media Violations 
 
The law applies to all meetings of a public body, whether a quorum gathers “in 
person or through technological devices.” Therefore, you should be extra careful 
when communicating with any other board, committee or commission members – 
even less than a quorum – via technology, such as by telephone or e-mail. This 
includes serial discussions where you communicate with one member and that 
member speaks to another, etc. Otherwise, you may find that you have violated 
the law. 
 
A “meeting” occurs when a quorum of a public body “gathers” and takes any one 
of four actions: discusses legal action, proposes legal action, takes legal action, or 
deliberates with respect to any such actions. An attorney general opinion notes 
that the simple act of a public body member sending out a single e-mail to a 
quorum of the public body could violate the law if the e-mail proposes legal action. 
Moreover, “three of these activities [to discuss, deliberate, or take action] 
necessarily involve more than a one-way exchange between a quorum of a public 
body,” so even the simple act of a member of the public body responding to, 
exchanging, or otherwise circulating e-mails regarding legal action among a 
quorum could be interpreted as a violation of the law. Therefore, you should be 
extra cautious whenever communicating with other board, committee or 
commission member using e-mail or other technological devices. 
 
To help public bodies comply with the law, the attorney general recommended that, 
while it is not legally required, members of public bodies who send e-mails to each 
other might want to include the following language in their e-mail message to 
remind colleagues that replying or circulating an e-mail to others could be 
construed as discussing, deliberating, or taking legal action: 
 
“To ensure compliance with the Open Meeting Law, recipients of 
this message should not forward it to other board members and 
board members should not reply to this message.”

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For similar reasons, the attorney general advised that staff might want to use the 
following language: 
 
“To ensure compliance with the Open Meeting Law, recipients of 
this message should not forward it to other members of the public 
body. Members of the public body may reply to this message, but 
they should not send a copy of the reply to other members.” 
 
To help boards, committees and commissions, all emails from staff will be sent to 
the members via a blind copy in the event someone clicks on reply all, it will only 
be sent back to the staff person, not all members.  
 
Sanctions 
 
All legal action transacted by any public body during a meeting held in violation of 
the Open Meeting Law is null and void unless the ratification procedure is utilized. 
 
However, the Open Meeting Law does not render null and void all legal action 
taken at a meeting at which an Open Meeting Law violation occurs if the violation 
involves only a single improperly noticed agenda item. The law can be enforced 
against a member of a public body and any person who knowingly aids, agrees to 
aid, or attempts to aid anyone in violating the law.  Any person affected by an 
alleged violation, the attorney general, or the county attorney for the county in 
which an alleged violation occurred, may file an action and obtain civil penalties of 
up to $500 for each violation, plus attorney's fees and court injunctions against the 
offending public body or public official. If the court finds that a public officer (in this 
report the term “public officer” includes elected and appointed officials of a town) 
intentionally violated the law, the court may remove the officer from office and 
assess him or her personally with the attorney's fee award. Moreover, a member 
of a public body shall not direct staff to communicate in violation of the law. 
 
In addition to enforcement of the Open Meeting Law by the attorney general’s 
office, the state ombudsman-citizens aide has been given investigative authority 
for alleged violations of both the Open Meeting Law and Public Records Law. The 
ombudsman may investigate, hold hearings, and issue subpoenas if necessary to 
compel testimony or evidence when the town has failed to produce information 
when requested. The ombudsman’s office is also charged with the responsibility 
of providing educational programs on both laws and providing educational 
materials regarding the public access laws. 
 
Conflict of Interest  
 
One of the most misunderstood phrases in the media today is conflict of interest. 
The phrase carries such negative connotations, and yet it is only natural, in our 
system of part-time citizen legislators, for elected and appointed officials to face

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potential conflict of interest situations. It is not "bad" to have a conflict of interest, 
but it is illegal to fail to declare a conflict of interest under Arizona Law or to 
participate or otherwise be involved in discussions on issues or contracts where 
such a conflict exists. 
 
The below section may help you identify potential conflicts of interest and how you 
may avoid violations of this state law, which is one of the most complicated set of 
laws on the books. To understand its effect on your actions we suggest you discuss 
the law and your particular situation with your staff liaison, or the town attorney. 
You should also discuss with relatives (see definition below) their various business 
dealings so you do not inadvertently discuss or vote on a matter where your relative 
has a substantial interest. FIND OUT AHEAD OF TIME WHAT YOUR CONFLICTS 
ARE! 
 
Applicability 
 
The Conflict of Interest Law covers all public officers and employees of 
incorporated cities and towns. This includes the Mayor, Councilmembers, and 
members of all appointed boards, committees and commissions (parks, planning 
and zoning, economic development, etc.); the Town Manager, his or her 
appointees, and all consultants; and full-time, part-time, and contractual 
employees of the town. 
 
The Conflict of Interest Law is also applicable when the private interests of a public 
official's or public employee's relative are under consideration. The law broadly 
defines a relative to be not only a husband or wife, child, grandchild, parent, 
grandparent, brother or sister (and their spouses) but also the following in-
laws: brothers, sisters, parents, and the child of a spouse.  All other relatives, 
whether by blood or marriage, are not subject to the restrictions of this law. 
 
Conflict of Interest Defined 
 
The Conflict of Interest Law distinguishes between interests that are "remote" and 
those that are "substantial."  Essentially what it says is that remote interests are so 
minor that they do not constitute illegal conflicts of interests, and that any interest 
which is not remote, as detailed in state law, is a substantial interest. If you have 
only a “remote interest” in a matter before the Council or board/ 
committee/commission, then you can vote and participate in the discussion. Here 
is what the law defines as a remote interest. 
 
REMOTE INTEREST exist when the public officer or employee or a relative is: 
 
1. A non-salaried officer or member of a nonprofit corporation. Thus, being a 
non-salaried officer or a member of a nonprofit health agency doing 
business or requesting a grant from the town technically would not 
constitute a conflict.

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2. The landlord or tenant of a contracting party. For example, a 
Councilmember or board/committee/commission member may lease office 
space to a party that has a private interest in a public matter without it 
resulting in a conflict of interest. 
 
3. An attorney of a contracting party. For attorneys who serve on Council or 
as a member of any other public body or as employees of a public body 
there may be State Bar ethics rules, which could restrict their actions. 
 
4. A member of a nonprofit cooperative marketing association. 
 
5. The owner of less than 3 percent of the shares of a corporation with an 
interest in a matter with the town, provided that: 
 
a. Total annual income from dividends, including the value of stock 
dividends, does not exceed 5 percent of the officer's or employee's total 
annual income; and  
b. Any other payments made to the officer or employee by the corporation 
do not exceed 5 percent of the officer's or employee's total annual 
income. 
 
6. Being reimbursed only for actual and necessary expenses incurred in 
performance of official duties. 
 
7. Receiving municipal services on the same terms and conditions as if the 
person were not an officer or employee of the municipality. Thus, when a 
Councilmember who owns a business within the town votes for or against 
an increase in the business license tax, a conflict would not exist because 
this action would apply to all businesses in the corporate limits. 
 
8. An officer or employee of another political subdivision, a public agency of 
another political subdivision, or any other public agency unless it is the 
same governmental entity being served who is voting on a contract or 
decision which would not confer a direct economic benefit or detriment upon 
the officer. Thus, a Councilmember who is a schoolteacher may vote to 
enter into an intergovernmental agreement with the school district, unless 
such agreement would confer some direct economic benefit, such as a 
salary increase, upon the Councilmember. 
 
9.  A member of a trade, business, occupation, profession, or class of 
persons and has no greater interest than the other members of that trade, 
business, occupation, profession, or class of persons. A class must 
consist of at least 10 members to qualify the interest as remote.

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SUBSTANTIAL INTEREST is defined in this law as any pecuniary or proprietary 
interest, either direct or indirect, other than those that are remote.  In general, a 
conflict of interest will result when an officer or employee of a town or relative of 
an officer or employee is involved in substantial ownership or salaried employment 
with a private corporation doing business with the town. For example, if a 
Councilmember owns or is employed by a lumberyard selling to the town, then a 
conflict may exist. On the other hand, if the Councilmember is the lawyer for that 
lumberyard, or if the Councilmember leased land to the lumberyard, then it is 
possible that no conflict exists. 
 
A public officer or an employee may sell equipment, material, supplies, or services 
to the municipality in which the officer or employee serves if this is done through 
an award or contract after public competitive bidding. An exception to this law 
allows cities and towns to purchase supplies, materials, and equipment from a 
member of the Council without going to public competitive bid as long as the single 
transaction does not exceed $300 and the annual total of such transactions with a 
member of the Council does not exceed $1,000. The town must adopt a policy 
governing such purchases and must approve this policy on an annual basis. All 
transactions above these limits must take place as a result of public competitive 
bidding. However, the town officer or employee would not be allowed to influence 
the bidding process in any way and must make known in a timely manner such 
interest in the official records of the town. 
 
Additional Provisions 
 
The Conflict of Interest Law also contains the following restrictions on the 
activities of public officers and employees that should be reviewed with your town 
attorney. 
 
1. When a public officer or employee has been directly concerned or has 
exercised "administrative discretion" in an issue, that officer or employee 
may not represent another person before an agency of the town on the 
same issue and receive compensation for such representation. This 
restriction extends to 12 months after termination of office or employment 
with the town. 
 
2. During the period of a public officer's term or employee's employment and 
for two years thereafter, a public officer or employee shall not disclose or 
use for the officer's or employee's personal profit, without appropriate 
authorization, any information acquired by the officer or employee in the 
course of the officer's or employee's official duties that has been clearly 
designated to the officer or employee as confidential and preserving its 
confidentiality is necessary for the proper conduct of government business. 
A public officer or employee cannot disclose or use confidential information 
obtained during the term of office or employment.

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3. A public officer or employee cannot receive any compensation (other than 
as provided by law) for performance of services in any case, special 
proceeding, application, or other matter pending before any agency of the 
town. 
 
4.  A public officer or employee cannot use or even attempt to use his or her 
position to obtain anything of value that normally would not be received in 
the performance of official duties. Something is considered to have "value" 
when it exerts a "substantial and improper" influence on the duties of the 
public official. 
 
Declaration of a Conflict 
 
When a public officer or employee (or their relative) has a substantial interest in 
any decision of, or contract, sale, purchase, or service, to their town, the public 
officer or employee must: 
 
1. Refrain from participating in any manner (voting, discussing, or in any way 
attempting to influence) in their capacity as an officer or employee a 
decision of the governing body or agency of the town; and 
 
2. Make the substantial interest known in the official records of the town. 
Declare at a board/committee/commission meeting that a conflict of 
interests exists and having this declaration officially entered in the minutes 
or filing a written declaration with the Town Clerk. Officers and employees 
with a substantial interest must refrain from participating in any manner as 
an officer or employee in the decision or issue. Additionally, Officers and 
Employees must obtain a conflict of interest form from the Town Clerk. In 
this form, the Officers/Employees note the conflict, and shall file said form 
with the Town Clerk. 
 
What Happens After You Declare a Conflict of Interest? 
 
When you have a conflict of interest you are prohibited from participating in any 
manner in the decision, and to avoid any question of improper conduct, you must 
not communicate in any manner with anyone who is involved in making the 
decision in question. 
 
During a board/committee/commission meeting, it’s best practice to leave your 
seat and leave the room during any discussion related to your conflict of interest. 
The law doesn’t say you must leave, but there are many nonverbal, even 
inadvertent ways to show your feelings and you must not communicate in any 
manner.

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Penalties 
 
A public officer or employee who intentionally or knowingly conceals or fails to 
disclose any substantial interest is guilty of a class 6 felony, plus a conviction will 
automatically forfeit office. A public officer or employee who negligently or 
recklessly violates the Conflict of Interests Law by failing to disclose a substantial 
interest is guilty of a class 1 misdemeanor. Any person affected by a decision of a 
public agency where a conflict of interests is alleged may bring a civil suit in 
superior court, which may order equitable relief including attorney’s fees to the 
prevailing party. In addition, any contract made in violation of the law may be 
voided by action of the town. WHEN IN DOUBT ABOUT POTENTIAL 
CONFLICTS, ASK YOUR ATTORNEY! 
 
Additional Information 
 
Additional information can be found on the following websites: 
 
• Arizona State Legislature – State Law and AZ Constitution - www.azleg.gov  
• Arizona Attorney General – Handbooks, Manuals, and Opinions - 
www.azag.gov  
• Arizona Ombudsman – Open Meeting Law - www.azoca.gov  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
“No matter how big and powerful government gets, and the many services 
it provides, it can never take the place of volunteers.” 
 
-  President Ronald Reagan -