ARIZONA HOUSE OF REPRESENTATIVES

HB 2065: public meetings; definition; penalties
PRIME SPONSOR: Representative Leach, LD 11 BILL STATUS: House Engrossed

Abstract

Relating to open meeting requirements and violations.

Provisions

1. Requires the minutes of meetings of public bodies to include a record of how each member voted and the names of members who propose each motion.  (Sec. 2)

2. Permits the AG to commence a suit in superior court against an individual member of a public body for knowingly violating open meeting requirements.

a. Specifies that a suit against an individual member must occur in the county in which the public body usually meets. (Sec. 3)

3. Permits the court to impose a civil penalty not to exceed $2,500 on any person who knowingly commits a second or subsequent open meeting violation. (Sec. 3)

o Currently, the court may impose a civil penalty of up to $500 for each violation (A.R.S. § 38-431.07).

4. Prohibits a public body from indemnifying or paying a civil penalty on behalf of an individual who is penalized for violating open meeting requirements. (Sec. 3)

5. Stipulates that the court may only impose a civil penalty on a person who knowingly violates open meeting requirements. (Sec. 3)

6. Stipulates that if the court finds that person who might otherwise be liable for an open meeting violation objected on a public record to the action of the public body, the court may choose not to impose a civil penalty on that person. (Sec. 3)

7. Stipulates that a public officer with intent to deprive the public of information must have knowingly violated open meeting requirements in order for the court to remove that officer from public office and find them liable for all costs and attorney fees awarded to the plaintiff. (Sec. 3)

8. Expands the definition of meeting relating to open meeting requirements to include:

a. A one-way electronic communication sent from one member of a public body to a quorum of the members and that proposes legal action; and

b. An exchange of electronic communications among a quorum of the members of a public body that involves a discussion, deliberation or legal action on a matter that may likely come before the body. (Sec. 1)

9. Makes technical and conforming changes. (Sec. 1, 2, 3)

Current Law

All meetings of public bodies must be public meetings open to all persons desiring to be permitted to attend or listen to the deliberations and proceedings.  All legal actions of public bodies are required to occur during public meetings.  All public bodies are required to provide minutes of their meetings which must include: the time and location of the meeting; attendance of the members; a general description of considered items; and an accurate description of all legal actions taken (A.R.S. § 38-431.01).  All legal action transacted by a public body during a meeting held in violation of open meeting requirements is considered null and void (A.R.S. § 38-431.05). 

Upon receipt of a written complaint alleging a violation of open meeting requirement, the AG or county attorney may begin an investigation (A.R.S. § 38-431.06).  Any person affected by an alleged violation, the AG or the county attorney may commence a suit in superior court for the purpose of requiring compliance with open meeting law requirements.  The court may impose a civil penalty of up to $500 for each violation against a person who violates open meeting requirements.  

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Fifty-third Legislature                  HB 2065

Second Regular Session                               Version 3: House Engrossed

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