School Councils School Councils ConductingConducting

Public School Business Public School Business in Publicin Public

Presented by Samuel E. Brown, TUSD Staff Attorney

PurposePurposeof the Open Meeting Law (OML)of the Open Meeting Law (OML)

Ariz. Att’y Gen. Opinion I05-004 …

“The OML is intended to open the conduct of government business to public scrutiny and prevent public bodies from making decisions in secret.”

“Devices used to circumvent the OML and its purpose violate the OML and will subject members of the public body and others to sanctions.”

NoticeNotice24 Hours Notice of any meeting

Notice to the Public and all members of the School Council

Notice must include how to obtain a copy of the Agenda

Notice PitfallsPosted inside a locked buildingPosted in a place where it can be removedTwo sided page posted with only one side

showing

The AgendaThe AgendaMust specifically list each item to be considered, discussed or decided at the meeting

Use plain languageAt the meeting … Don’t stray from the agenda

Executive SessionsExecutive SessionsGenerally not applicable to School CouncilsLegal adviceNegotiationsPersonnel Issues regarding assignment, dismissal, salaries etc.

Private but not SECRETnot SECRETAgenda and Minutes required

Meeting LocationsMeeting LocationsMust be accessible

Keep it a public placeCan move it to a larger place if necessary

Public’s RightsPublic’s RightsAttend

Tape record or video tape

Listen

BBEEAATT OORREEGGOONN

SSTTAATTEE!!!!!!!!!!!!!!!!

Public has NO Right to:Public has NO Right to:Speak or Disrupt

Warnings are helpful for the record

Call to the AudienceCall to the AudienceIs not requiredIf you have one the Council may only respond as follows:An individual may respond to individual criticism

Ask staff to reviewAsk to place the item on the agenda (& then do it!)

QuorumQuorumTo hold a meeting you must have a

quorumCaution! Quorum = meeting

Parking LotsE-mailTelephone callsSocial events

Quorum: the minimum number of members necessary to conduct business

MinutesMinutesMeetings must be recorded either through minutes or by being tape recorded

Minutes must be made available to the public within 3 working days.

Minutes must be maintained for Executive Sessions as well but remain confidential

Minutes - continuedMinutes - continuedMinutes must include:

Date, time and place of meetingMembers present and absentGeneral description of matters consideredAccurate description of decisions madeNames of members who propose each

motionNames of individuals making

presentations to the group and any action taken thereon by the group.

2010 Changes2010 ChangesSecretary of state, city clerk, or county clerk must

post open meeting materials on their websiteEach elected official or appointed member of a

public body MUST review OML materials at least one day before taking office

Public bodies MUST post a statement on their website about the physical and electronic locations where all public notices of their meetings will be posted.

Public bodies MUST post public meeting notices on their website

2010 Changes cont.2010 Changes cont.Public meeting can be held even if technological

failure prevents the posting of notices online, as long as other requirements are met

If exec. session is held, a notice MUST state the provision of law authorizing the session and MUST provide notice to members of the public

Within 3 working days after a mtg., MUST post all actions and recording (minutes) of the meeting, and must remain posted for one year

Sub-committees and Advisory-committees must take minutes or record

Sanctions for Violations of the OMLSanctions for Violations of the OMLMembers and any person who aids in

the violation$500 civil penalty per violationReasonable attorney feesOther equitable reliefIf intent is to deprive public of

information – member may be removed from office and must pay costs and fees.

Avoiding SanctionsAvoiding Sanctions

Remember and respect the purpose of the OML

Don’t take shortcutsRemember the QUORUM rules

OOPS!OOPS!All actions taken in violation of the OML are null and void.

What to do if you realize that you’vemade a mistake ….

RATIFY

RatificationRatification

Ratification is the manner by which you correct a mistake.

Must be timely … within 30 days of discovery (or when the violation should have been discovered)

School Councils ConductingSchool Councils Conducting Public School Business in Public Public School Business in Public

Conducting government business, that is, public school business, in a manner that is open to public scrutiny and where decisions are not made in secret.

As a public servant, this is your responsibility to those you serve.

END