Are the minutes of or discussions made at executive sessions kept confidential except (1) from members of the Board which met in executive session, (2) from officer, appointees or employees who are the subject of discussion or consideration and, (3) from the Auditor General made in connection with an audit authorized as provided by law and does the Board instruct such persons who are present at the executive session regarding this confidentiality requirement?
Does the Governing Board ensure that no executive session is held for the purpose of taking any legal action involving a final vote or decision?
Does the Governing Board ensure that except for actual emergency measures the Board does not discuss any matter in an executive session which is not described in the notice of the executive session?
[ ] Yes [ ]No
Upon receipt of a written complaint signed by the complainant alleging a violation of the open meeting law at an executive session, the Attorney General or the County Attorney for the county in which the alleged violation occurred may issue an investigative request for the minutes of or discussions made at the executive session. Upon receipt of such a request, the Governing Board shall either comply with the request or, upon a majority vote, apply to the superior court in the county in which the alleged violation occurred for a protective order directing that the minutes or discussions requested are relevant to the complaint, and justice so requires, it shall direct that they be provided to the requesting party. Notwithstanding any other provision of this article the Governing Board may disclose the minutes of or discussions made at an executive session to the Attorney General or the County Attorney for the county in which the Governing Board ordinarily meets.
Ars†38-431.05 meeting held in violation of article; business transacted null and void; ratification
All legal action transacted by the Governing Board during a meeting held in violation of any provision of the open meeting laws is null and void unless ratified. If the Board wishes to ratify legal action taken in violation of the open meeting laws, is it done in accordance with the following requirements?
- Ratification shall take place at a public meeting within 30 days after discovery of the violation or after such discovery should have been made by the exercise of reasonable diligence.
- The notice for the meeting shall include a description of the action to be ratified, a clear statement that the Governing Board proposes to ratify a prior action and information on how the public may obtain a written detailed description of the action to be ratified.
- The Governing Board shall make available to the public a detailed written description of the action to be ratified and all deliberations, consultations and decisions by members of the Board that preceded and related to such action. The written description shall also be included as part of the minutes of the meeting at which ratification is taken.
- The Governing Board shall make available to the public the notice and detailed written description required by this section at least 72 hours in advance of the public meeting at which the ratification is taken.
