My legal Opinion issued this week made it absolutely clear that Arizona's Open Meeting Law does not prohibit members of a public body (such as a city council, school board, board or commission) from speaking to the media concerning matters that may come before them.

Some attorneys had advised school governing boards and city councils that they should not comment to the media about pending issues. Such a restrictive interpretation is sharply at odds with both the intent and language of Arizona’s Open Meeting Law. In fact, the opposite is true.  When the media publicize the work of public bodies and the views of public officials, these reports further the interest of open government and thereby the primary intent of the Open Meeting Law.  

All 50 states have some version of an Open Meeting Law. The Arizona Legislature first adopted this state’s law in 1962 to maximize public access to government. The Legislature declared at that time: "It is the public policy of this state that proceedings in meetings of governing bodies of the state and political subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this act that their official deliberations and proceedings be conducted openly."

Since 1962, various updates and amendments have been made to the law, most recently in 2000.

The Open Meeting Law is an effort to end backroom dealing and ensure that decisions made by elected or appointed bodies are made in the sunshine.  This law is true to the principle of a government which, as Lincoln put it, is of the people, by the people and for the people.

The attorneys who advised their clients to refrain from comments to the media were apparently reacting to a 2005 Opinion issued by my Office regarding electronic mail between members of a public body.

E-mails among a quorum of members, however, are very different than messages communicated to the media.  One is private, the other very public. E-mail messages sent between members of a public body are private, and if a quorum of the public body is so contacted, the law has been violated. When officials disseminate information to the media, they further the intent of the Open Meeting Law.  Although members of the public body may see or read news reports, the general public is party to the transaction.

The guiding rule of open meetings is and should be very simple: Communication that involves the general public is encouraged, and that which takes place only among members of a public body is not.

Terry Goddard