The Arizona Open Meeting Law - Arizona School Boards Association

8.3.1 Employee Matters 38-431.03.A.1
8.3.1.1 Purpose is to discuss an employee, not a “position.”
8.3.1.2 Deliver written notice to employee 24 hours before meeting.
8.3.1.3 Employee may require discussion in public.
8.3.1.4 Employee has no right to attend executive session unless purpose of
meeting is to conduct a “due process” hearing.
8.3.1.5 Employee has right to review minutes of executive session.
8.3.2 Legal advice 38-431.03.A.3
8.3.2.1 Attorney must be present
8.3.2.2 Confine discussion to legal advice
8.3.3 Records exempt from public inspection and information that must be
maintained confidential by state or federal law. 38-431.03.A.2
8.3.4 Contract negotiations, pending or contemplated litigation, and settlement
discussions conducted to avoid or resolve litigation. 38-431.03.A.4
8.3.5 Negotiating representative. 38-431.03.A.5
8.3.6 International/interstate negotiations. 38-431.03.A.6
8.3.7 Purchase, sale or lease of real property. 38-431.03.A.7
8.4 Minutes 38-431.01.C & 38-431.03.B
8.4.1 Date, time and location
8.4.2 Persons present
8.4.3 General description of matters considered, including an accurate description
of all instructions given to a third party regarding litigation or settlement
discussions pursuant to 38-431.03.A.4, negotiations with employee organizations
pursuant to 38-431.03.A.5, and negotiations for the purchase, sale or lease of
real property pursuant to 38-431.A.7.
8.4.4 Limit review of executive session minutes to members of the public body, an
employee who was the subject of the discussion, the auditor general for the
purpose of an audit, and the county attorney or attorney general for the
purposes of an OML investigation.
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