Bill Text: AZ HB2583 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Open meetings; audiovisual recordings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-25 - House third reading FAILED voting: (23-36-1-0) [HB2583 Detail]
Download: Arizona-2016-HB2583-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2583 |
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AN ACT
amending sections 38‑431.01, 38-431.03 and 38‑431.07, Arizona Revised Statutes; relating to public meetings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-431.01, Arizona Revised Statutes, is amended to read:
38-431.01. Meetings shall be open to the public; exception
A. 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. All legal action of public bodies shall occur during a public meeting.
B. All public bodies shall provide for the taking of written minutes or a and a complete audiovisual recording of all their meetings, including executive sessions. For meetings other than executive sessions, such the minutes or recording shall include, but not be limited to:
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 considered.
4. An accurate description of all legal actions proposed, discussed or taken, and the names of members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented material.
C. Minutes of executive sessions shall include items set forth in subsection B, paragraphs 1, 2 and 3 of this section, an accurate description of all instructions given pursuant to section 38‑431.03, subsection A, paragraphs 4, 5 and 7 and such other matters as may be deemed appropriate by the public body.
D. The minutes or a recording of a meeting shall be available for public inspection three working days after the meeting except as otherwise specifically provided by this article. A public body shall post the audiovisual recording of a meeting on its website within twenty‑four hours after the meeting.
E. A public body of a city or town with a population of more than two thousand five hundred persons shall:
1. Within three working days after a meeting, except for subcommittees and advisory committees, post on its website, if applicable, either:
(a) a statement describing the legal actions taken by the public body of the city or town during the meeting.
(b) Any recording of the meeting.
2. Within two working days following approval of the minutes, post approved minutes of city or town council meetings on its website, if applicable, except as otherwise specifically provided by this article.
3. Within ten working days after a subcommittee or advisory committee meeting, post on its website, if applicable, either:
(a) a statement describing legal action, if any.
(b) A recording of the meeting.
F. All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder or camera or any other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting.
G. The secretary of state for state public bodies, the city or town clerk for municipal public bodies and the county clerk for all other local public bodies shall conspicuously post open meeting law materials prepared and approved by the attorney general on their website. A person elected or appointed to a public body shall review the open meeting law materials at least one day before the day that person takes office.
H. A public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body. At the conclusion of an open call to the public, individual members of the public body may respond to criticism made by those who have addressed the public body, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the public body shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action.
I. A member of a public body shall not knowingly direct any staff member to communicate in violation of this article.
J. Any posting required by subsection subsections D and E of this section must remain on the applicable website for at least one year after the date of the posting.
K. The requirement that a public body take a complete audiovisual recording of all meetings pursuant to this section does not apply to a special taxing district established pursuant to title 48, chapter 2 or 3 or chapter 6, article 4 or chapter 9, 11, 12, 17, 18, 19, 20, 22 or 32.
Sec. 2. Section 38-431.03, Arizona Revised Statutes, is amended to read:
38-431.03. Executive sessions
A. Upon On a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes:
1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty‑four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting.
2. Discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained as confidential by state or federal law.
3. Discussion or consultation for legal advice with the attorney or attorneys of the public body.
4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
5. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body.
6. Discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city or town.
7. Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property.
B. Minutes and audiovisual recordings of and discussions made at executive sessions shall be kept confidential except from:
1. Members of the public body which that met in executive session.
2. Officers, appointees or employees who were the subject of discussion or consideration pursuant to subsection A, paragraph 1 of this section.
3. The auditor general on a request made in connection with an audit authorized as provided by law.
4. A county attorney or the attorney general when investigating alleged violations of this article.
C. The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this article.
D. Legal action involving a final vote or decision shall not be taken at an executive session, except that the public body may instruct its attorneys or representatives as provided in subsection A, paragraphs 4, 5 and 7 of this section. A public vote shall be taken before any legal action binds the public body.
E. Except as provided in section 38‑431.02, subsections I and J, a public body shall not discuss any matter in an executive session which that is not described in the notice of the executive session.
F. Disclosure of executive session information pursuant to this section or section 38‑431.06 does not constitute a waiver of any privilege, including the attorney‑client privilege. Any person receiving executive session information pursuant to this section or section 38‑431.06 shall not disclose that information except to the attorney general or county attorney, by agreement with the public body or to a court in camera for purposes of enforcing this article. Any court that reviews executive session information shall take appropriate action to protect privileged information.
Sec. 3. Section 38-431.07, Arizona Revised Statutes, is amended to read:
38-431.07. Violations; enforcement; removal from office; in camera review
A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by members of the public body, or to determine the applicability of this article to matters or legal actions of the public body. For each violation the court may impose a civil penalty not to exceed five hundred dollars against a person who violates this article or who knowingly aids, agrees to aid or attempts to aid another person in violating this article and order such equitable relief as it deems appropriate in the circumstances. The civil penalties awarded pursuant to this section shall be deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of the plaintiff's reasonable attorney fees, by the defendant state, the political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information violated any provision of this article the court may remove the public officer from office and shall assess the public officer or a person who knowingly aided, agreed to aid or attempted to aid the public officer in violating this article, or both, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section.
B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness.
C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes and audiovisual recording of the executive session, and if the court in its discretion determines that the minutes and audiovisual recording are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of the minutes and audiovisual recording.
