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Cochise supervisors request legal review, work session on open‑meeting law limits and county communications
Summary
Board members said current interpretations of Arizona's open‑meeting rules are overly restrictive for a three‑member Board and requested a legal memo and a work session to explore options, including potential declaratory relief or other legal remedies.
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Supervisors told county attorneys July 17 they want a formal legal analysis of how Arizona’s open‑meeting and public‑records laws apply to Board communications and social-media/press-response practices. Chairman Antonari and multiple supervisors said the present interpretation of the open‑meeting law restricts basic exchanges — such as sharing documents or discussing how to respond to public correspondence — and leaves elected officials exposed to threats of enforcement. "I don't think [sharing information] should be precluded," Chairman Antonari said about exchanging documents or links among supervisors. Several supervisors asked the county attorney’s office to prepare a memo explaining statutory bounds and exceptions and asked staff to schedule a work session, possibly including an executive session, to review legal options and whether a declaratory judgment or other legal action is warranted. County counsel staff agreed to prepare a legal analysis and to coordinate a work session within a few weeks. Board members said they want clear guidance on (1) what communications can be exchanged among two or three supervisors without triggering an open‑meeting violation, (2) whether forwarding statutory materials or press items to one another is permissible, and (3) what procedures the Board should use when it receives threatening or adversarial correspondence. Supervisors also described past operational impacts, saying the uncertainty has hindered timely public responses and internal coordination. The Board directed county counsel to draft a guidance memo and to propose scheduling for an informational work session; supervisors indicated that part of the meeting may be held in executive session if attorneys need to discuss potential litigation.

