Open Meeting Law
The Attorney General’s Office has established the Open Meeting Law Enforcement Team (OMLET) to handle inquiries and conduct investigations and enforcement proceedings relating to complaints of violations of the Open Meeting Law. Investigations are conducted when OMLET receives a signed, written complaint that describes conduct that, if verified, would constitute a violation.
OMLET receives a number of calls each year alleging that homeowner associations have violated Arizona's Open Meeting Law (A.R.S. §§ 38-431 - 431.09). Open Meeting Law does not apply to homeowner associations. Although not subject to Arizona's Open Meeting Law, homeowner associations are strongly encouraged to always conduct public meetings which are properly noticed.
AZ Open Meeting Law Statutes
|38-431.01||Meetings shall be open to the public|
|38-431.02||Notice of meetings|
|38-431.04||Writ of mandamus|
|38-431.05||Meeting held in violation of article; business transacted null and void; ratification|
|38-431.06||Investigations; written investigative demands|
|38-431.07||Violations; enforcement; removal from office; in camera review|
|38-431.09||Declaration of public policy|
Open Meeting Law Opinions
March 11, 2008 Re: Effect of an Open Meeting Law Violation Concerning an Improperly Noticed Agenda Item on the Validity of Properly Noticed Agenda Items
No. I08-001 (R08-001)
December 24, 2007 Re: Open Meeting Law and Comments to the Media Concerning Issues that May Come Before a Public Body
No. I07-013 (R07-028)
January 29, 2007 Re: Application of Open Meeting Laws to Board of Trustees created under A.R.S. 5 11-952.01.
No I07-001, (R06-037)
July 25, 2005 Re: Open Meeting Law Requirements and E-mail to and from Members of a Public Body
No. I05-004 (R05-010
May 2, Re: Applicability of Open Meeting Law to Corporate Board of Directors of a Charter School Operator
Although official documents and government meetings, as a general rule, are open to the public, there are always questions about specific cases. Here, the Arizona Attorney General's Office answers some common questions related to public records, public meetings and public information.
The Sunshine Week Quiz published by the Arizona Republic on March 16, 2008 as part of a series on Sunshine Week, a nationwide discussion about the importance of protecting public access to government.