 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
open meetings; capacity; posting; violation
Purpose
Requires all public bodies, when feasible, to provide sufficient seating to accommodate the reasonably anticipated attendees of an open meeting and requires agendas for open meetings to include notice of the time that the public will have physical access to the meeting place. Deems the head of any public body that violates seating or notice of physical access requirements liable for a civil penalty.
Background
All meetings of a public body must be public and all persons must be allowed to attend and listen to the deliberations and proceedings. A public body must provide for the taking of written minutes or a recording of all meetings, which must include the date, time and place of the meeting and the attendance of the members (A.R.S. § 38-431.01). Notice of an open meeting must include an agenda of the matters to be discussed or decided at the meeting. The agenda must be available to the public at least 24 hours prior to the meeting (A.R.S. § 38-431.02).
The Attorney General may commence a suit in the county in which the public body ordinarily meets against an individual member of a public body for knowingly violating open meeting laws. The court may impose a civil penalty against each person who knowingly violates or who knowingly aids, agrees to aid or attempts to aid in violating open meeting laws. The court may impose a civil penalty of $500 for a second offense and up to $2,500 for the third and subsequent offenses. The court may also order payment to a successful plaintiff in an open meeting suit of the plaintiff's reasonable attorney fees (A.R.S. § 38-431.07).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires all public bodies, when feasible, to provide for an amount of seating sufficient to accommodate the reasonably anticipated attendance of all persons desiring to attend the deliberation and proceedings.
2. Requires agendas for any public meeting to include notice of the time that the public will have physical access to the meeting place.
3. Deems, as liable for a civil penalty for an open meeting law violation, the head of a public body that violates requirements relating to sufficient seating or notice of physical access to a meeting place.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action
GE 1/26/22 DPA 7-6-0-0
3rd Read 2/23/22 31-28-1
Prepared by Senate Research
March 3, 2022
MH/HW/slp