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Home My WebLink About110809 Z:\Council Packets\2011\WS8-9-11\110809WSA.doc Page 1 of 1 NOTICE OF THE WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. WHEN: TUESDAY, AUGUST 9, 2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call ; a quorum of the Town’s various Commissions or Boards may be in attendance at the Work-Study Session. ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in -depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. AGENDA 1. CALL TO ORDER AND ROLL CALL – Mayor Schlum 2. PRESENTATION AND TRAINING SESSION by Gary Verburg, Phoenix City Attorney, relating to the ARIZONA OPEN MEETING LAW. 3. ADJOURNMENT. DATED this 4th day of August, 2011. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s off ice. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Cassie Hansen Vice Mayor Dennis Contino Councilmember Henry Leger Councilmember Ginny Dickey Councilmember Tait D. Elkie Z:\Council Packets\2011\WS8-9-11\110809WSA.doc Page 1 of 1 NOTICE OF THE WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. WHEN: TUESDAY, AUGUST 9, 2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Work-Study Session. ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. AGENDA 1. CALL TO ORDER AND ROLL CALL – Mayor Schlum 2. PRESENTATION AND TRAINING SESSION by Gary Verburg, Phoenix City Attorney, relating to the ARIZONA OPEN MEETING LAW. 3. ADJOURNMENT. DATED this 4th day of August, 2011. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s off ice. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Cassie Hansen Vice Mayor Dennis Contino Councilmember Henry Leger Councilmember Ginny Dickey Councilmember Tait D. Elkie Open Meeting Law Overview Presentation to Fountain Hills City Council August 9, 2011 City of Phoenix 2 Public bodies must conduct business at public meetings and not make decisions in secret 2 Interpretations of the Open Meeting Law [OML] favor open and public meetings 2 All meetings of public bodies must comply with the OML Public Policy AR S 38 -43 1 . 0 9 Public bodies must. . . 2 Allow interested persons to attend and listen to: Deliberations Proceedings 2 Take all legal action in public 2 Take and keep minutes 2 Post notices 24-hours in advance of meetings AR S § 38 -43 1 . 0 1 A meeting is. . . 2 A gathering of a quorum of members It does not require simultaneous participation of members It may include separate or serial discussions It is not when members merely hear or read a comment, including a proposal for legal action, made by another member in the media. 2 It can be in person or through technological devices E.g., letters, emails, telephone calls, etc. AR S § 38 -43 1 ; A G O p I 0 7 -01 3 OML applies to. . . 2 Discussions and deliberations An exchange between members Collective activity 2 Proposals Do not require collective action; can be 1-way communication Not: “Councilman Smith was hit by a car.” Is: “We should install a crosswalk where Councilman Smith was hit by a car.” 2 Legal actions Collective decisions, commitments or promises AR S § 38 -43 1 ; A G O p I 0 5 -00 4 Executive sessions. . . 2 Are gatherings at which the public is excluded 2 Are exceptions to OML 2 Allow officers, appointees, employees, and those reasonably necessary to carry out e-session responsibilities to attend AR S §§ 38 -43 1 a n d 4 3 1 . 0 3 Executive sessions. . . 2 Require a majority vote of the quorum to call for them 2 Require minutes and discussions, which are CONFIDENTIAL 2 Cannot have legal action taken involving a final vote or decision EXCEPT instructing lawyers AR S § 38 -43 1 . 0 3 E-session items include. . . 2 Employment issues for individual employees Employee may demand the discussion be in public 2 Discussions of records exempt from public records law or required to be confidential by federal or state law 2 Discussions or consultation for legal advice AR S § 38 -43 1 . 0 3 E-session items include. . . 2 Discussions or consultations with attorneys about contracts, which are: The subject of negotiations In pending or contemplated litigation In settlement discussions to avoid or resolve litigation 2 Labor negotiations 2 International, interstate or tribal negotiations 2 Negotiations related to purchase, sale or lease of real property AR S § 38 -43 1 . 0 3 OML violations can result in. . . 2 All legal action transacted being null and void Public body can ratify 2 The AG or CA conducting an investigation if a written, signed complaint is received 2 The AG or CA initiating his own investigation 2 The filing of a lawsuit AR S §§ 38 -43 1 . 0 4 - 43 1 . 0 6 In lawsuits for violations. . . 2 An action can be filed by the affected person, AG or CA 2 A court can impose a $500 civil penalty for each violation Assessed against the violating individuals 2 Other equitable relief can be ordered by a court 2 A political subdivision can be required to pay attorney fees AR S § 38 -43 1 . 0 7 In lawsuits for violations. . . 2 An individual can be removed from office if there is an intent to “deprive the public of information” Attorney fees and costs can be ordered against the individual AR S § 38 -43 1 . 0 7 Ratification requires. . . 2 A public meeting within 30 days of discovery of violation 2 72-hour notice before the ratification meeting that: Describes the action to be ratified Clearly states that the public body proposes to ratify a prior action Informs public how to obtain detailed written description of the action to be ratified 2 A detailed written description of the action to be ratified and all prior deliberations, which is made available 72 -hours before ratification meetingAR S § 38 -43 1 . 0 5 LEGAL REVIEW City of Phoenix Email OML Violations? 2 Email discussion of less than quorum of Council forwarded to quorum of Council 2 Staff or public message sent to quorum of Council Unless Council member replies and CCs quorum of Council Unless replies of Council members forwarded 2 5-person board: A sends to D and E message stating what B and C have to say about board subject Yes No Yes AG O p I 0 5 -00 4 Email OML Violations? 2 A sends request for agenda item to staff and quorum of Council Unless Council member replies and CCs quorum of Council Unless replies of Council members forwarded 2 CM sends message to quorum of Council Unless Council member replies and CCs quorum of Council Unless CM forwards replies of Council members No No AG O p I 0 5 -00 4 Email OML Violations? 2 3-person board: A sends facts or opinions relating to board business to B Unless B responds 2 A CCs all Council with her response to a constituent inquiry Unless Council member replies and CCs quorum of Council Unless replies of Council members forwarded No No AG O p I 0 5 -00 4 Email OML Violations? 2 A sends request for info to staff and CCs all Council Unless Council member replies and CCs quorum of Council Unless replies of Council members forwarded 2 Staff replies to A’s request for info and CCs all Council Unless contains opinions of Council members No No AG O p I 0 5 -00 4 Email OML Violations? 2 A quorum of Council replies to A’s request for info 2 A sends factual info for Council packet to staff and Council Unless quorum “discusses” factual info Yes No AG O p I 0 5 -00 4 CAUTION: You may want to avoid CCs Replies and forwards of email may be dangerous in an OML context. MISCELLANEOUS City of Phoenix AR S § 38 -43 1 . 0 2 24-hour notices… 2 Are not required for: Recessed and resumed meetings •Original meeting posted •Prior to recessing notice publicly given of time and place of resumed meeting Actual emergency •Minutes state reasons, discussions, decisions •Announced publically at public meeting 2 24-hour notices must include agenda listing matters to be discussed or decided For Calls to the Public. . . 2 Reasonable time, place, manner restrictions can be imposed 2 Individuals can comments on issues within jurisdiction 2 At the conclusion of public comments: Members may respond to criticism Members may ask staff to review the matter Members may ask to put the item on a future agenda The public body may not take legal action unless it is posted for discussion and legal action AR S § 38 -43 1 . 0 1