We are often asked whether nonprofits must follow Arizona open meeting law (OML). Generally, nonprofits are not required to follow open meeting law; however, there are some exceptions “ most notably charter schools. Charter schools are treated as public institutions for OML purposes because they are both funded with state tax dollars and overseen by the state.
Arizona’s open meeting law, in a.r.s. §§ 38-431 to 431.09, makes public bodies post a notice of meetings, keep meeting minutes, and limits what can happen in executive sessions.
This post will explain the basics of public meetings, recurring and permanent notices, executive sessions, and how the attorney general’s office enforces the law.
Key Takeaways
- Arizona’s Open Meeting Law (A.R.S. §§38-431 to -431.09) requires public bodies, including charter schools, to give at least 24 hours’ notice.
- Boards must keep minutes or recordings and make executive session records available within three business days, avoiding deliberations by email or social media.
- Executive sessions legally cover seven narrow topics—personnel, legal advice, litigation, contracts, and related confidential matters—but boards may not take action there.
- Violations can bring up to $500 fines per violation, attorney-fee awards, removal from office, and voided actions, as in Johnson v. Tempe Elementary.
Overview of Arizona Open Meeting Law (OML)
Arizona’s Open Meeting Law gives the public access to meetings of a public body under the Arizona Revised Statutes. Agencies must follow AG guidance and state ombuds rules on notice, minutes, and public records to keep government accountability.
Applicability to Nonprofits and Public Institutions
Most nonprofits fall outside Arizona Open Meeting Law, but charter schools do not. Charter schools receive state funding and fall under state oversight, so the law treats them as a public body.
This distinction came up in attorney general opinions and in guidance from the Arizona ombudsman and azoca, and it matters for meeting documentation, public records, and public access.
Homeowners associations follow other open meetings statutes and not OML. The Arizona Revised Statutes and Arizona Administrative Code set rules for public bodies, and ombudsman training in Phoenix, AZ, highlights government accountability and community involvement.
The next section explains which entities qualify as a public body.
Consequences of OML Violations
Violating Arizona public access laws can cost people and groups a lot. Courts can fine up to $500 for each violation. Judges can order the responsible party to pay attorneys’ fees. The Arizona Attorney General may bill fees for investigations.
A court can remove an official from office. Courts can void actions taken in an invalid meeting.
A school district once paid over $80,000 after an OML breach, plus legal bills. In Johnson v. Tempe Elementary, a court voided actions from an improperly noticed executive session.
Agencies should follow the arizona agency handbook and az state legislature rules on public meetings. Good public policy protects budgets and trust.
Definition of Public Bodies
Public bodies include state legislatures, state agencies, and local boards like school governing boards. Consult the Arizona Revised Statutes and the open meetings portal for definitions, notice rules, and public records tools.
State Legislatures, Committees, and State Agencies
State legislatures, committees, and state agencies appear by name in Arizona’s Open Meeting Law as public bodies. They must follow all open meeting rules and give public notice for meetings.
Agencies must discuss and act on legal matters in a public setting, not behind closed doors. The law requires written minutes or audio recordings, and officials must provide them when someone requests them.
Board members may not use email or social media to discuss board business if a quorum would take part. Committees must hold votes and hearings in public and post recurring or permanent notices as required.
Charter School Governing Boards and Corporate Boards
After covering state legislatures, committees, and agencies, the discussion moves to charter school governing boards and corporate boards. Arizona Open Meeting Law applies to these boards because charter schools receive public funds.
Governing boards must post permanent and recurring notices and hold meetings open to the public unless a lawful executive session applies. Boards must keep minutes or recordings and make them available on request.
Courts can void actions that break the law, and violations can bring large financial penalties against a charter school.
Requirements for Giving Notice and Conducting Meetings
Boards must post a clear agenda and give at least 24 hours notice under A.R.S. §38-431.02 via a public webpage or mailed notice. They must keep minutes, state reasons for any executive session, and use the agenda and minutes as tools for transparency.
Recurring and Permanent Notices
Post a permanent notice on the organization website in a place people can see. The notice must say where recurring notices will appear. Post recurring notices at least 24 hours before each meeting.
Make recurring notices available online and in a physical format, for example a school newsletter or local paper. Each notice must list the time, place, and agenda.
Both permanent and recurring notices ensure public awareness and transparency. Failure to post properly can invalidate meeting actions and violate open meeting law. Proper posting of notices is a core requirement for OML compliance.
Executive Sessions: Purpose and Regulations
Boards hold executive sessions for private discussions on narrow topics. The agenda must state the session and list the legal justification. State law allows seven categories for private sessions, such as personnel matters and legal advice from an attorney.
Public bodies may not take legal action inside an executive session, and any action proposed or taken in an improperly noticed session is invalid.
Agendas must give at least 24 hours notice unless a true emergency exists. Recordings or minutes of executive sessions must be taken and made available within three business days. Schools and agencies must use executive session to discuss confidential records, for example FERPA-protected student files.
Failure to follow these rules can lead to formal consequences under Arizona Open Meeting Law.
Conducting Effective Meetings
Start with a clear meeting plan and set a time limit for each item. Take precise minutes and follow parliamentary procedure, and use a recording device or phone link if the public joins remotely.
Importance of Meeting Minutes
Minutes prove what happened at public meetings. Arizona law requires minutes or recordings of all meetings, including executive sessions, and they must go public within three business days.
The notes must show the date, time, and place of each meeting. They must list members present and absent and record a general description of the agenda items considered.
Records must name legal actions discussed or taken. The minutes must include the names of members who proposed actions. Speakers and presenters must appear by name in the record. Good recordkeeping keeps meetings transparent and helps staff follow Open Meeting Law and agenda rules.
If the minutes are inadequate or contain errors, courts have the authority to void decisions.
Location and Timing of Public Meetings
Hold meetings at school sites whenever possible. School sites help parents and students attend. Choose rooms that fit the expected number of observers. Set meetings during normal business hours to avoid late-night sessions.
Ensure facilities follow the Americans with Disabilities Act and meet ADA rules for ramps, seating, and sight lines.
Keep venues public and easy to reach, not private clubs or restricted locations. Let observers enter without signing in, and require registration only for those who plan to speak to the school district or governing board.
Make accessibility and timing a priority to meet Open Meeting Law duties. The board must also know when it can meet in executive session.
Justifications for Executive Sessions
Governing boards call executive sessions to handle sensitive personnel matters and to get private legal advice from an attorney. They also use them to discuss pending litigation and to negotiate contracts with service providers.
Personnel Matters
Executive sessions may cover hiring, firing, or sanctions for a named employee. The board must give the employee at least 24 hours notice before that session. Only talk about a specific individual, not an open job slot, to qualify for private discussion.
Personnel matters rank as one of seven statutory reasons for executive session.
Law protects confidentiality in personnel talks, and the board should involve human resources or board lawyer as needed. Improper or unnoted personnel discussions can void board actions and lead to fines.
Keep sensitive topics inside the allowed scope and cite the statutory justification on the meeting notice.
Legal Advice with Attorneys
Arizona law allows boards to hold executive sessions to receive legal advice from the board’s attorney. The attorney must attend those sessions. Discussions must stay narrowly focused on legal counsel, and public bodies may not use the time for general debate.
Boards must still note the session and keep proper minutes that state only the legal topic discussed.
Boards may not take legal action during the closed meeting. Directing an attorney to file suit or take steps in executive session breaks the Arizona Open Meeting Law and can trigger penalties.
Johnson v. Tempe Elementary showed courts will enforce that rule and can void actions taken after such violations. These legal advice sessions remain confidential under attorney-client privilege, but only pure legal advice fits this protected category.
Pending or Contemplated Litigation
Boards may meet in executive session to discuss pending or contemplated litigation with their attorney. Courts have allowed private talk about litigation strategy, but the board may not take legal action in that session.
The Johnson v. Tempe Elementary case shows that discussing lawsuits without proper notice can void later actions. Improper discussion can also trigger large financial penalties against the public body.
Legal advice and litigation talk count as distinct grounds for a closed meeting. Only narrowly defined litigation matters qualify for this protection. Proper notice and a clear statement of the purpose keep strategy discussions safe.
Good minutes and counsel help protect sensitive legal plans.
Contract Negotiations
After the litigation discussion, the body may move into contract negotiations in executive session. The governing board may use private talks to prevent unfair negotiating imbalances and to protect its bargaining position.
Negotiators and attorneys may attend to discuss strategy for international, interstate, or local deals. The body may also treat purchase, sale, or lease of real property and related confidential records in private.
The public must get proper notice that cites legal authority, and the session may cover only strategy, not final votes. Improper handling of these talks can void actions and hurt the public interest.
Conclusion
7. Conclusion. Arizona law keeps meetings open so the public joins school boards, agencies, and charter school governing boards. Post recurring notices and a permanent notice on your website, and hold meetings at ADA friendly sites during business hours.
Keep full meeting minutes, record executive sessions, and share them within three business days. Follow quorum rules, avoid group texts that act like a meeting, and call the Attorney General for guidance on legal actions.
FAQs
1. What is the Arizona Open Meeting Law?
The Arizona Open Meeting Law requires official groups to hold public meetings, post notice, and share an agenda so the public can watch and follow decisions.
2. Who must follow this law?
All state and local official groups, boards, and public bodies must follow the law when they meet and when enough members form a quorum to act.
3. Can officials meet in private, and what are executive sessions?
Officials can call an executive session for limited topics, like legal or personnel matters. They must still record minutes and explain actions that affect the public.
4. How can the public take part or find meeting details?
Check the posted notice and agenda before a meeting, attend public meetings, speak during public participation time, and ask for meeting minutes or public records. I once asked a question at a town meeting and left clearer about how the group makes choices.