Elected city officials conduct most of their business in public meetings but there are certain topics that warrant private discussions, according to Arizona state law.
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Elected city officials conduct most of their business in public meetings but there are certain topics that warrant private discussions, according to Arizona state law.
The closed-door meetings, known as executive sessions, are private to everyone except the public body hosting the meeting, legal officials and any invited individuals.
In Peoria this year, city council meetings have included executive sessions to discuss e-scooter regulations, the ongoing conflict between the splintered Peoria Arizona Historical Society and city personnel matters.
However, the recorded minutes and contents of these meetings are not accessible to the public.
City spokeswoman Jennifer Stein said Arizona statutute allows the city to hold executive sessions after which meeting minutes are not available to the public.
She said Peoria complies with A.R.S. § 38-431.03, which states, “minutes of, and discussions made at, executive sessions shall be kept confidential.”
Executive session minutes document “attorney/client privilege discussions. Disclosure is limited to the Attorney General, County Attorney, and Auditor General, (if requested as part of an investigation) and current council members,” according to state law.
Danee Garone, a staff attorney at the Arizona Ombudsman office, said there are a number of reasons a public body may meet in a closed-door session.
“There’s multiple purposes,” Mr. Garone said. “Essentially, it’s for elected officials to discuss legally protected information or discuss other information, the disclosure of which would cause or damage the ability of the government to properly conduct their business.”
Open meeting law states a public body may meet in executive session for one of seven reasons:
Personnel discussions
Confidential records
Legal advice
Litigation, contract negotiations and settlement discussions
Employee salary discussions
Discussion regarding international, interstate and tribal negotiations
Discussion regarding the purchase, sale or lease of real property.
Mr. Garone said beyond the seven specified reasons for executive session, all other discussion needs to occur in public.
“In executive session only discussion can happen, any legal action or decision making must occur in public,” Mr. Garone said.
This year the Peoria City Council met in at least 14 executive sessions:
Two meetings to discuss e-scooter use within the city. A 120-day pilot program and a 90-day temporary operating agreement between the city and scooter company start-up Bird ended weeks after it was scheduled to begin.
At least one meeting to discuss how the city would handle the ongoing conflict between the splintered Peoria Arizona Historical Society, whose museum has been housed in city-owned Aproperty. While there is no end in sight for the conflict between the two splintered groups, the city has intervened by evicting the society from the museum and hired an expert to inventory the artifacts.
Two meetings to discuss high level employees’ salaries.
At least four meetings to discuss litigation, contract negotiations and settlement discussions with United Peoria Firefighters Association Local 493. Their contract expires June 30, 2020, and negotiations are planned to end Nov. 12. Results were not available by press time.
Two meetings to discuss Jane Doe cases.
At least three meetings regarding property.
Ms. Stein would not release information about these matters.
Philip Haldiman can be reached at 623-876-3697, phaldiman@newszap.com, or on Twitter @philiphaldiman.
Editor’s note: News Editor Melissa Rosequist contributed to this report.
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