Arizona attorney general finds no open-meeting-law violations; board holds executive sessions and issues directives

The Liberty Elementary Governing Board on June 14 heard from outside counsel Mark Hansen that the Arizona attorney general92s office concluded its review of 18 alleged open-meeting-law violations and found no violations. Hansen, who was assigned as outside counsel through the district92s trust, told the board the AG92s office devoted more than five months to the review and issued a 10-page report dated June 20 concluding the board complied with Arizona open-meeting law (ARS 38-431 and related sections).

Hansen summarized the AG92s findings, saying the office found proper notice and scope for executive sessions about the superintendent92s resignation and hiring process, no votes taken in executive sessions, no quorum-based private meetings that discussed district business during a school tour, and no improper social-media or e-mail communications that violated the law. He added the AG92s office also found a three-minute limit on public comment to be reasonable and widely used by other districts.

Board members followed the presentation with questions about the scope of the AG92s inquiry and whether board members may talk individually with potential counsel or contractors. Hansen told the board that such communications are not per se an open-meeting-law violation so long as no quorum discusses district business or takes action outside a noticed meeting; he added such contacts can raise separate procurement- or policy-related issues.

After the public presentation, the board convened multiple executive sessions under ARS 38-431(A)(3) and (4) for legal advice and to receive investigation reports. Upon reconvening in public, the board voted on a motion directing staff and counsel to take specific steps related to the investigation report. The motion (moved and seconded on the record) instructed that: 1) the investigation report be made public and copies be sent to the county superintendent, state superintendent, and the Arizona Department of Education; 2) Board Member Zimmerman have no contact with staff without going through the board president; 3) Zimmerman have no contact with legal counsel without going through the board president; 4) district staff communicate with Zimmerman only through the superintendent; 5) Zimmerman attend in-person sensitivity training and add board sensitivity training to the upcoming board retreat; and 6) Zimmerman issue a public apology and the board president issue an apology on behalf of the board. The motion passed 4-1; Board Member Zimmerman voted no and explained she believed she should be able to email the superintendent directly.

Later in the meeting the board again met in executive session regarding pending contracts and litigation. After returning to public session the board voted 4-1 to authorize legal counsel to proceed with a settlement discussed in executive session and to instruct staff to file a complaint with the Department of Education; Board Member Zimmerman again voted no and stated opposition to filing the complaint.

Why it matters: The AG92s formal findings relieved the district of open-meeting-law violations, but the board92s executive-session discussions produced internal directives and discipline-related steps that will affect local governance, staff access, and a board member92s interactions with staff and counsel. The board recorded multiple formal motions and public directives following the AG92s report.

What92s next: The board directed staff and counsel to publish the investigation report and to notify county and state education offices, and it directed legal staff to proceed with settlement and a Department of Education complaint. Board members said further follow-up may appear on future agendas (including training and the board retreat).