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Council advised on meetings law
Thelma Grimes
San Pedro Valley News-Sun
Benson City Council members were warned Monday night not to discuss upcoming agenda items with any other council members in person or by email prior to a meeting.
To clarify public records and meetings law, the council invited Ken Strobeck, executive director of the Arizona League of Cities and Towns and deputy director Tom Belshe to give them a primer.
Strobeck called the special work session Government 101 for the council members.
Many of the council's questions and issues involved public meetings and what they can and cannot discuss with each other outside a meeting.
Mayor Mark Fenn said he had been sending out agendas by email to council members, and with some issues, he has provided his own opinion and asked the council for theirs.
Belshe said the council absolutely can't continue such a practice.
"The deliberation of public business needs to be done in public," he said. "If any email is sent to another council member it becomes a quorum. You cross the line by forming an opinion. You need to be extremely careful. You break the open meeting law when an opinion is formed."
Belshe said it is legal for the council to discuss what items will be on the agenda or removed prior to a meeting.
The council is also allowed to set up guidelines for public participation at local meetings, meaning they may talk during the allotted call to the public, but cannot participate in the decision-making.
"Many think council meetings are meetings you can participate in," said Strobeck. "But it is not a public meeting; it is simply a meeting that is open to the public."
The council also expressed some concern over what meetings are open to the public, and when notices should be posted. Belshe said to exercise caution and whenever possible, post a notice.
In any meeting where there are two or three council members present, or a quorum, which is four, the city is required to post a notice to the public at least 24 hours in advance.
Several council members said they like to attend high school football games. Belshe said a notice should be posted and like any public event that several council members are attending, they should always sit apart.
City Manager Martin Roush seemed concerned about having to post notices about upcoming meetings with a capital improvement plan committee he personally formed. Roush said the League of Cities is being too strict, and a committee created by the city manager does not have to be posted by law.
Roush said there are several council members on the committee, which is designated to discuss costly projects in Benson's future. He expressed dismay at having to make the meetings open to the public.
Roush said the interim city attorney has also said he doesn't have to make the meetings open to the public. Belshe said he recommends posting meetings that will have multiple council members attending, but said the city could follow their own attorney's advice.
However, Strobeck warned the council that the penalties for violating open meeting law can be stiff, with the possibility of each council member being fined $500.
Giving an example, Strobeck said another Arizona city was hosting a committee meeting that had two council members participating and two more council members attended the meeting to watch.
Even though the latter two were not actively participating, there was a quorum at the meeting and the state is now investigating the situation.
Belshe also discussed public records, advising the council that unless it deals with legal or personnel issues to make everything accessible to the people.
Belshe also warned the council and city staff that all emails and anything done regarding city business is considered a public record.
San Pedro Valley News-Sun
Benson City Council members were warned Monday night not to discuss upcoming agenda items with any other council members in person or by email prior to a meeting.
To clarify public records and meetings law, the council invited Ken Strobeck, executive director of the Arizona League of Cities and Towns and deputy director Tom Belshe to give them a primer.
Strobeck called the special work session Government 101 for the council members.
Many of the council's questions and issues involved public meetings and what they can and cannot discuss with each other outside a meeting.
Mayor Mark Fenn said he had been sending out agendas by email to council members, and with some issues, he has provided his own opinion and asked the council for theirs.
Belshe said the council absolutely can't continue such a practice.
"The deliberation of public business needs to be done in public," he said. "If any email is sent to another council member it becomes a quorum. You cross the line by forming an opinion. You need to be extremely careful. You break the open meeting law when an opinion is formed."
Belshe said it is legal for the council to discuss what items will be on the agenda or removed prior to a meeting.
The council is also allowed to set up guidelines for public participation at local meetings, meaning they may talk during the allotted call to the public, but cannot participate in the decision-making.
"Many think council meetings are meetings you can participate in," said Strobeck. "But it is not a public meeting; it is simply a meeting that is open to the public."
The council also expressed some concern over what meetings are open to the public, and when notices should be posted. Belshe said to exercise caution and whenever possible, post a notice.
In any meeting where there are two or three council members present, or a quorum, which is four, the city is required to post a notice to the public at least 24 hours in advance.
Several council members said they like to attend high school football games. Belshe said a notice should be posted and like any public event that several council members are attending, they should always sit apart.
City Manager Martin Roush seemed concerned about having to post notices about upcoming meetings with a capital improvement plan committee he personally formed. Roush said the League of Cities is being too strict, and a committee created by the city manager does not have to be posted by law.
Roush said there are several council members on the committee, which is designated to discuss costly projects in Benson's future. He expressed dismay at having to make the meetings open to the public.
Roush said the interim city attorney has also said he doesn't have to make the meetings open to the public. Belshe said he recommends posting meetings that will have multiple council members attending, but said the city could follow their own attorney's advice.
However, Strobeck warned the council that the penalties for violating open meeting law can be stiff, with the possibility of each council member being fined $500.
Giving an example, Strobeck said another Arizona city was hosting a committee meeting that had two council members participating and two more council members attended the meeting to watch.
Even though the latter two were not actively participating, there was a quorum at the meeting and the state is now investigating the situation.
Belshe also discussed public records, advising the council that unless it deals with legal or personnel issues to make everything accessible to the people.
Belshe also warned the council and city staff that all emails and anything done regarding city business is considered a public record.
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