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f ® CHANDLER MS arizona Community of Innovation Mayor's Youth Advisory Commission Member Training Presented By: Kelly Schwab, City Attorney Victoria Roedig, City Records Management Coordinator What do we have to do to have a legal meeting? Open Meeting Law A.R.S. 38-431 et. seq. * Arizona is the sunshine state which means the public's business must be done in public * Quorum must be present for a meeting ! © isonet oe ¢ 24 hours notice except for an actual emergency Whatisa Meeting? A meeting occurs ANY TIME a quorum of the public body discusses, proposes, or takes legal action. Can be a in-person meeting or an electronic meeting. How Do We Have a Legal Meeting? Post an agenda in the official posting places and website at least 24 hours in advance. Agenda MUST include: - Date, time and place - Description of matters to be discussed or decided (or where an agenda can be obtained) Agenda MAY include: * Unscheduled public appearances * Report on current events from chair members and staff person in charge Unscheduled Public Appearances * Citizens may only address the public body on issues in its jurisdiction * No discussion * Members of the public body may respond to criticism, ask staff to review a matter, or request a future agenda item When Can a Public Body Meet in Private? Executive Sessions - A.R.S. 38-431.03 rn We Employment, discipline Obtain legal advice Contract Discussion or resignation of public negotiations or regarding security officer, appointee or litigation and critical employee infrastructure Gn TI Negotiations for Discuss records Employee purchase, sale or exempt by law from organization lease of real property public inspection negotiations } eeting epi tfalls” : Z 2 a 245 rae eS > Serial meeting—a series of i Gal ape eae Gh a Attending other meetings gatherings of less than a quorum ; : we » Ta, * “En y, “ow Not providing sufficient detail on an agenda Discuss and/or take action on items not ted on agenda - « Careful use of emails. DO NOT: * Send an e-mail to a quorum of the public body proposing legal action » Engage in an e-mail exchange of facts and/or opinions if it is foreseeable that the topic may come before the Commission for action * Forward or respond to e-mails involving a majority of the Commission — be careful of chain e-mails * REMEMBER DO NOT REPLY ALL! - ¢€ Social Media and Social Events Members of public bodies should not post or comment on each other's website or municipal websites where those comments could be interpreted as proposing legal action or discussion or deliberation/decisions on City issues. These types of postings would violate the Open Meeting Law because they would be “meetings”. It is NOT a violation of the Open Meeting Law when there is a gathering of a quorum of the public body, i.e., a wedding, but DO NOT talk about City business. Conflict of Interest How Do You Know if You Have a Conflict of Interest? Pecuniary Interest—will you gain or lose something of value from your decision? If so, is your pecuniary interest remote or substantial? If it is substantial, then you have a conflict! How Do You Know if You Have a Conflict of Interest? Common Remote Interests A.R.S. 38-502(10) ¢ The interest of a non-salaried officer of a non-profit corporation ¢ The interest of an attorney of a contracting party ¢ The ownership of less than three percent of the shares of a corporation for profit - The interest of a public officer or employee in being reimbursed for his actual and necessary expenses incurred in the performance of official duty ¢ The interest of a recipient of public services generally provided by the City * The interest of a member of a trade, business, occupation, profession or class of persons consisting of at least ten members which is no greater than the interest of the other members of the trade, business, occupation or profession or class of persons What To Do if You Have a Conflict of Interest? (Ze 2 _ Fillouta No discussion or Make conflict Avoid any disclosure form action known appearance of influence Public Records Whatisa Record? * Evidence of the organization and all of its decisions, procedures, functions, and operations * Made or received by any governmental agency * Informational or historical data ¢ Any medium or format What is nota Record? ¢ Library or museum material solely for reference or exhibition ¢ Extra copies for convenience or reference « Stocks of publications for sale or distribution Who Has to Comply with Public Records Laws? Boards and Commissions, Employees of Public including Subcommittees Officers and Public Bodies City Council Boards and Commissions Records Member Records * Applications to Serve * Oaths of Office * Policy Acknowledgements Meeting Records - Agendas * Supporting Documentation for Items ¢ Minutes - Meeting Audio/Video Recordings * Speaker and Comment Cards Email is a Public Record It is important to understand that electronic communications are public record and may be provided in response to a public records request or a subpoena. Records are categorized by their content and not the format or medium in which they are created. Questions?