Reference Title: open meetings; definitions; legal action

AN ACT
AMENDING SECTIONS 38-431 AND 38-431.01, ARIZONA REVISED STATUTES; RELATING TO OPEN MEETINGS.

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

Section 1. Section 38-431, Arizona Revised Statutes, is amended to read:

38-431 . Definitions

In this article, unless the context otherwise requires:

1. "Advisory committee" means a committee officially established, upon motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body.

2. "EXECUTIVE SESSION" MEANS A GATHERING OF A QUORUM OF MEMBERS OF A PUBLIC BODY FROM WHICH THE PUBLIC IS EXCLUDED FOR ONE OR MORE OF THE REASONS SET FORTH IN SECTION 38-431.03. IN ADDITION TO THE MEMBERS OF THE PUBLIC BODY ONLY INDIVIDUALS WHOSE PRESENCE IS REASONABLY NECESSARY IN ORDER FOR THE PUBLIC BODY TO CARRY OUT ITS EXECUTIVE SESSION RESPONSIBILITIES MAY ATTEND THE EXECUTIVE SESSION AND THEIR ATTENDANCE SHALL BE AT THE REQUEST OR WITH THE APPROVAL OF A MAJORITY OF THE MEMBERS OF THE PUBLIC BODY.

2. 3. "Legal action" means a collective decision, commitment or promise made by a majority of the members of a public body pursuant to the constitution, their charter or bylaws or specified scope of appointment or authority, and the laws of this state.

3. 4. "Meeting" means the gathering of a quorum of members of a public body to propose or take legal action, including any deliberations with respect to such action.

4. 5. "Political subdivision" means all political subdivisions of the THIS state, including without limitation all counties, cities and towns, school districts and special districts.

5. 6. "Public body" means the legislature, all boards and commissions of the THIS state or political subdivisions, all multi-member governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. PUBLIC BODY ALSO MEANS ALL EXTERNAL COMMITTEES OF WHICH ONE-HALF OR MORE OF THE MEMBERS ARE NOT OFFICERS OR EMPLOYEES OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE, THAT ARE ESTABLISHED BY A CONSTITUTIONAL OFFICER OF THIS STATE, THAT MEET PERIODICALLY AND WHOSE MEMBERS HAVE BEEN APPOINTED FOR THE SPECIFIC PURPOSE OF MAKING A RECOMMENDATION CONCERNING A DECISION TO BE MADE OR CONSIDERED OR A COURSE OF CONDUCT TO BE TAKEN OR CONSIDERED BY THE CONSTITUTIONAL OFFICER. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body. FOR THE PURPOSES OF THIS PARAGRAPH, "CONSTITUTIONAL OFFICER" MEANS AN OFFICER OF THE EXECUTIVE DEPARTMENT AS DEFINED IN ARTICLE V, SECTION 1, CONSTITUTION OF ARIZONA.

6. 7. "Quasi-judicial body" means a public body, other than a court of law, possessing the power to hold hearings on disputed matters between a private person and a public agency and to make decisions in the general manner of a court regarding such disputed claims.

Sec. 2. Section 38-431.01, Arizona Revised Statutes, is amended to read:

38-431.01 . Meetings shall be open to the public

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 MEETINGS.

B. All public bodies, except for subcommittees and advisory committees, shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive session SESSIONS , such 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 paragraphs 1, 2 and 3 of subsection B and such other matters as may be deemed appropriate by the public body.

D. The minutes or a recording shall be open to public inspection three working days after the meeting except as otherwise specifically provided by this article.

E. 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, camera or other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting.

F. 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 distribute open meeting law materials prepared and approved by the attorney general to a person elected or appointed to a public body prior to the day that person takes office.