 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
public meetings; records; requirements; penalties
Purpose
Modifies requirements relating to open meeting law and public records requests by requiring the minutes or recording of a public meeting to be available online for public inspection, within three working days after the meeting and remain available online for at least five years. Requires the Attorney General (AG) to respond to a violation of open meeting law within with 120 days and make the response publicly available on the AG's website. Requires electronic copies of public records to be provided on request and charges for the public record to be based on material cost only.
Background
Open meeting law
requires all meetings of a public body must be public, and any person desiring
to attend a public meeting must be allowed to attend and listen to the
deliberations and proceedings. Public bodies must provide written minutes, or a
recording of all the body's meetings, including executive sessions. For
meetings other than executive sessions, the written minutes or recording must
include: 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
matters considered; and
4) an accurate description of all legal action proposed, discussed or taken
including a record of how each member voted. The minutes or recording of a
public meeting must be made available for public inspection within three
working days after the meeting. Within three working days after a meeting,
except for subcommittees and advisory committees, a public body must also post
on the body's website, a recording of the meeting or a statement describing the
legal actions taken by the public body of a city or town during the meeting.
A public body that intends to meet for a specified calendar period, on a regular day, date or event during the calendar period, and at a regular place and time, may post public notice of the regularly occurring meetings at the beginning of the period. An agenda for a public meeting must list the specific matters to be discussed, considered or decided at the meeting. The public body may only discuss, consider or make decisions on matters listed on the agenda and other matters relating to the agenda items. Except for a meeting through technological devices, the agenda must also include notice of the time that the public will have physical access to the meeting place. For an agenda with an executive session, the notice of executive session must state the provision of law authorizing the executive session, and the notice must be provided to the members of the public body and the general public. On receipt of a written complaint signed by a complainant alleging a violation of open meeting law or on their own initiative, the AG or the county attorney for the county in which the alleged violation occurred may begin an investigation (A.R.S. Title 38, Chapter 3, Article 3.1).
Permanent public record of the state, a county, city or town or other political subdivision of the state must be transcribed or kept on paper or other material that is of durable or permanent quality. All public officers and public bodies must maintain all public records reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and activities that are supported by monies from the state or a political subdivision of the state. Each public officer or public body is responsible for the preservation, maintenance and care of the respective officer's or body's public records. A person may make a public records request as authorized by statute by requesting to examine or be provided copies, printouts or photographs of any public record. The custodian of public records must promptly furnish the public records request and access to a public record is deemed denied if a custodian fails to promptly respond to the request in the manner prescribed by statute (A.R.S. ยงยง 39-101 and 39-121.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the minutes or recording of a public meeting to be available online for public inspection, within three working days after the meeting and remain available online for public inspection for at least five years after being posted.
2. Requires, if a public body meets through technological devices, the public body to provide access to the public both through the technological device and at a physical location where the public can view the meeting and participate in the meeting consistent with the public body's participation policies.
3. Subjects a public meeting through technological devices to the requirement that the agenda for the public meeting also include the notice of time that the public will have physical access to the meeting place.
4. Requires the AG to respond to an open meeting law complaint within 120 days after receiving the complaint.
5. Requires the AG to make the response to the open meeting law complaint publicly available on the AG's website.
6. Requires electronic copies of public records to be provided on request.
7. Requires any charge for an electronic copy of public records to be based on material costs only.
8. Requires the court to review de novo any question of law that arises regarding public records including when an officer or public body makes a withholding or redaction decision based on the application of an exception to the disclosure.
9. Stipulates that a notice of regularly occurring meetings does not apply to a notice of executive session unless the public body complies with the statutory requirements for an executive session.
10. Adds, to the definition of advisory committee or subcommittee, an advisory committee or subcommittee that is officially established at the direction of a public body or the presiding officer of the public body.
11. Makes technical changes.
12. Becomes effective on the general effective date.
House Action
GOV 2/20/25 DP 4-1-2-0
3rd Read 3/12/25 36-20-4
Prepared by Senate Research
March 24, 2025
AN/DL/slp