ARIZONA STATE SENATE

RESEARCH STAFF

NATALIE BAHILL

ASSISTANT ANALYST

GOVERNMENT COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

TO: MEMBERS OF THE SENATE

GOVERNMENT COMMITTEE

DATE: April 18, 2002

SUBJECT: Strike Everything Amendment to H.B. 2364

Purpose

Allows a member of a public body, during a public meeting, to present a brief summary of current events without listing in the agenda the specific matters to be summarized.

Background

Arizona’s Open Meeting Law (OML) requires that meetings of public bodies be conducted openly and that notices and agendas be provided for such meeting that contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. The Legislature adopted the OML in 1962 to ensure that the public’s business is conducted openly, and that the public is able to attend and listen to the deliberations and proceedings of public bodies.

A public body is defined as the Legislature, all boards and commissions of the state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities whose boards of directors are appointed or elected by the state or political subdivision. Public body includes quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, such public body.

The OML requires a public body to give notice of all public meetings to members of the public and to members of the public body. The notice must include an agenda that lists the specific matters to be discussed, considered or decided at the meeting. Current statute allows the chief administrator or presiding officer of a public body to present a brief summary of current events without listing in the agenda the specific matters to be summarized. This is allowed only if the overall subject is listed on the agenda and the public body does not propose, discuss, deliberate or take legal action at the meeting on any matter in the summary. The strike everything amendment to H.B. 2364 allows other members of the public body to present a brief summary of current events.

There is no anticipated fiscal impact to the state general fund associated with this legislation.

Provisions

1. Allows a member of a public body, during a public meeting, to present a brief summary of current events without listing in the agenda the specific matters to be summarized. Stipulates that the overall summary must be listed on the agenda and the public body may not propose, discuss, deliberate or take legal action at the meeting on any matter in the summary unless the specific matter is properly noticed for legal action.

2. Provides for a general effective date.

NB/jas