School Councils Conducting Public School Business in Public

Presented by Samuel E. Brown, TUSD Staff Attorney

Purpose of the Open Meeting Law (OML)

 Ariz. Att’y Gen. Opinion I05-004 … “The OML is intended to open the conduct of government business to public scrutiny and prevent public bodies from making decisions in secret.”  “Devices used to circumvent the OML and its purpose violate the OML and will subject members of the public body and others to sanctions.”

Notice

 24 Hours Notice of any meeting  Notice to the Public and all members of the School Council  Notice must include how to obtain a copy of the Agenda  Notice Pitfalls  Posted inside a locked building  Posted in a place where it can be removed  Two sided page posted with only one side showing

The Agenda

 Must specifically list each item to be considered, discussed or decided at the meeting  Use plain language  At the meeting … Don’t stray from the agenda

Executive Sessions

 Generally not applicable to School Councils  Legal advice  Negotiations  Personnel Issues regarding assignment, dismissal, salaries etc.

 Private but

not SECRET

 Agenda and Minutes required

Meeting Locations

 Must be accessible  Keep it a public place  Can move it to a larger place if necessary

Public’s Rights

 Attend  Listen  Tape record or video tape

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Public has NO Right to:

Speak or Disrupt Warnings are helpful for the record

Call to the Audience

 Is not required  If you have one the Council may only respond as follows:  An individual may respond to individual criticism  Ask staff to review  Ask to place the item on the agenda (& then do it!)

Quorum

 To hold a meeting you must have a quorum  Caution! Quorum = meeting  Parking Lots  E-mail  Telephone calls  Social events  Quorum: the minimum number of members necessary to conduct business

Minutes

 Meetings must be recorded either through minutes or by being tape recorded  Minutes must be made available to the public within 3 working days.

 Minutes must be maintained for Executive Sessions as well but remain confidential

Minutes - continued

 Minutes must include:  Date, time and place of meeting  Members present and absent  General description of matters considered  Accurate description of decisions made  Names of members who propose each motion  Names of individuals making presentations to the group and any action taken thereon by the group.

2010 Changes

 Secretary of state, city clerk, or county clerk must post open meeting materials on their website  Each elected official or appointed member of a public body MUST review OML materials at least one day before taking office  Public bodies MUST post a statement on their website about the physical and electronic locations where all public notices of their meetings will be posted.

 Public bodies MUST post public meeting notices on their website

2010 Changes cont.

 Public meeting can be held even if technological failure prevents the posting of notices online, as long as other requirements are met  If exec. session is held, a notice MUST state the provision of law authorizing the session and MUST provide notice to members of the public  Within 3 working days after a mtg., MUST post all actions and recording (minutes) of the meeting, and must remain posted for one year  Sub-committees and Advisory-committees must take minutes or record

Sanctions for Violations of the OML  Members and any person who aids in the violation  $500 civil penalty per violation  Reasonable attorney fees  Other equitable relief  If intent is to deprive public of information – member may be removed from office and must pay costs and fees.

Avoiding Sanctions

 Remember and respect the purpose of the OML  Don’t take shortcuts  Remember the QUORUM rules

OOPS!

All actions taken in violation of the OML are null and void.

What to do if you realize that you’ve made a mistake ….

RATIFY

Ratification

 Ratification is the manner by which you correct a mistake.

 Must be timely … within 30 days of discovery (or when the violation should have been discovered)

School Councils Conducting Public School Business in Public

Conducting government business, that is, public school business, in a manner that is open to public scrutiny and where decisions are not made in secret.

As a public servant, this is your responsibility to those you serve.

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