HB2739 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.02, to read:

START_STATUTE15-120.02. Association of school boards; open meetings; closed portions of meetings; posting; notice requirements; minutes and recordings

A. Notwithstanding any other law, all meetings of an association of school boards and the board of directors of an association of school boards are open to the public, and any person may attend and listen during the deliberations and proceedings. Persons attending may audiotape or videotape those portions of the meetings of the association or board that are open. The association or board may not require advance notice of the audiotaping or videotaping and may adopt reasonable rules governing the audiotaping and videotaping of open portions of the meetings of the association or board, but the rules may not preclude such audiotaping or videotaping by those attending unless the association or board audiotapes or videotapes the meeting and makes the unedited audiotapes or videotapes available to members of the public on request without restrictions on its use.

b. Any portion of a meeting of an association of school boards or the board of directors of an association of school boards may be closed only if that closed portion of the meeting is limited to consideration of one or more of the following:

1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board or association received legal advice or that concerned pending or contemplated litigation, the board or association may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.

2. Pending or contemplated litigation.

3. Personal, health or financial information about an individual member of the board, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the board, an individual employee of the association or an individual employee of a contractor for the association.

4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

5. Discussion of a member's appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.

c. The association or board shall both:

1. Conspicuously post a statement on its website stating where all public notices of meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings.

2. Post all public meeting notices on its website and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents the posting of public notices on a website or that temporarily or permanently prevents the use of all or part of the website does not preclude the holding of the meeting for which the notice was posted if the board or association complies with all other public notice requirements required by this section.

d. Notice provided under subsection c of this section shall state the date, time and place of the meeting. A notice of any annual, regular or special meeting of the board or association must also state the purpose for which the meeting is called.

E. Notice under subsection C of this section is not required if emergency circumstances require action by the board or association before notice can be given. The failure of any member to receive actual notice of a meeting of the board of directors does not affect the validity of any action taken at that meeting.

f. Before entering into any closed portion of a meeting of the board or association, the board or association shall identify the paragraph under subsection b of this section that authorizes the board to close the meeting.

g. An association or board shall provide for the taking of written minutes or a recording of all meetings, including portions of meetings. For meetings other than closed portions of meetings, the minutes or recording shall include:

1. The date, time and place of the meeting.

2. The members of the board or association 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, including a record of how each member voted.

5. the names of the persons who propose each motion and the names of the persons, as given, who make statements or present material to the board or association and a reference to the legal action about which they made statements or presented material.

h. Minutes of a closed portion of the meeting shall include items set forth in subsection g, paragraphs 1, 2 and 3 of this section and other matters as may be deemed appropriate by the board or association.

i. The minutes or a recording of a meeting shall be available for public inspection within three working days after the meeting.END_STATUTE

Sec. 2. Section 15-421, Arizona Revised Statutes, is amended to read:

START_STATUTE15-421. Governing board; members; qualifications; statement; definitions

A. The governing body of a school district shall be a governing board. There shall be three governing board members, except as otherwise provided by this section and section 15-425, subsection A.

B. The governing body of a high school district shall be a governing board composed of:

1. In a single district, the governing board members of the common school district.

2. In a union high school district, five members.

C. A person who is a registered voter of this state and has been a resident of the school district for at least one year immediately preceding the day of election is eligible for election to the office of governing board member.

D. No An employee of a school district, including a person who directly provides certified or classified services to the school district as an employee of a third-party contractor, or the spouse of such an employee may not hold membership on a the governing board of a school district by which the employee is employed. An employee of an association of school districts may not hold membership on the governing board of a school DISTRICT.

E. A member of one governing board is ineligible to be a candidate for nomination or election to or serve simultaneously as a member of any other governing board, except that a member of a governing board may be a candidate for nomination or election for any other governing board if the member is serving in the last year of a term of office. A member of a governing board shall resign the member's seat on the governing board before becoming a candidate for nomination or election to the governing board of any other school district, unless the member of the governing board is serving in the last year of a term of office.

F. Notwithstanding section 15-511, each county school superintendent shall publish on the superintendent's website the statement of each certified candidate for membership on a school district governing board located in the county. The county school superintendent shall list each school district on the superintendent's website from which a link shall be established to the candidate's name, which shall link to the candidate's statement and photograph. The candidate shall submit the statement to the person at the county school superintendent's office assigned to manage candidate statements, after notice of certification from the county school superintendent's office but not later than twenty-one days before the date that general election early ballots are allowed to be mailed. The person shall post each candidate's statement on the county school superintendent's website not later than fourteen days before the date that general election early ballots are allowed to be mailed. If a candidate does not submit a statement, the county school superintendent's website shall state "no response submitted" for the candidate. The candidate statements shall be posted on the website alphabetically by each school district and by candidate. The candidate statement shall be typewritten or electronically submitted. The county school superintendent shall post the statements verbatim as they are received unless a candidate requests in writing that typographical errors be corrected. The candidate statement shall contain the following items in the same size and format for each candidate:

1. A recent photograph of the candidate.

2. A statement not to exceed five hundred words.

3. A disclosure of any relationships by affinity, by consanguinity or by law to the third degree that exist between the candidate and any current governing board members or other candidates for election to the same governing board.

G. Persons related as immediate family who have the same household of residence within four years prior shall not serve simultaneously on the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty and that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall serve simultaneously on the governing board of the same school district if the governing board is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

H. A person related as immediate family who has the same household of residence within four years prior to a member of the governing board of the same school district is ineligible to be a candidate for nomination or election to that governing board if the governing board is composed of five members, except that a person related as immediate family who has the same household of residence within four years prior to a member of a governing board may be a candidate for nomination or election to the governing board of the same school district if the member is serving in the last year of a term of office. For a school district with a student count of at least two hundred fifty and that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be eligible to be a candidate for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

I. Persons related as immediate family who have the same household of residence within four years prior are ineligible to be simultaneous candidates for nomination or election to the governing board of the same school district if the governing board is composed of five members. For a school district with a student count of at least two hundred fifty and that is located in a county with a population of more than five hundred thousand persons, not more than two persons related by affinity, by consanguinity or by law to the third degree shall be simultaneous candidates for nomination or election to a governing board that is composed of five members. A qualified elector who resides in the school district may bring an action in superior court to enforce this subsection.

J. For the purposes of this section:

1. "Household of residence" means the place of abode during applicable time periods or the residence address used by an individual for voter registration or property tax purposes.

2. "Immediate family" means individuals who are married to each other and any children of those individuals. END_STATUTE