(A) All official meetings of the Council at which any legal action is taken shall be open to the public and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings; upon a public majority vote of the Council members constituting a quorum, the Council may meet in a closed executive session but only for a discussion of the following:
(1) Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate, but not less than 24 hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting;
(2) Discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained as confidential by state or federal law;
(3) Discussion or consultation for legal advice with the attorney or attorneys of the public body;
(4) Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation;
(5) Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees of the public body;
(6) Discussion, consultation or consideration for international and interstate negotiations or for negotiations by a city or town, or its designated representatives, with members of a tribal council, or its designated representatives, of an Indian reservation located within or adjacent to the city; and/or
(7) Discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property.
(B) Minutes of and discussions made at executive sessions shall be kept confidential, except from:
(1) Members of the public body which met in executive session;
(2) Officers, appointees or employees who were the subject of discussion or consideration pursuant to division (A)(1) above;
(3) The Auditor General on a request made in connection with an audit authorized as provided by law; and
(4) A County Attorney or the Attorney General when investigating alleged violations of this subchapter.
(C) The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this subchapter.
(D) Legal action involving a final vote or decision shall not be taken at an executive session, except that the public body may instruct its attorneys or representatives as provided in divisions (A)(4), (A)(5) and (A)(7) above. A public vote shall be taken before any legal action binds the public body.
(E) Except as provided in A.R.S. § 38-431.02, subsections I and J, a public body shall not discuss any matter in an executive session which is not described in the notice of the executive session.
(F) Disclosure of executive session information pursuant to A.R.S. §§ 38-431.03 or 38-431.06 does not constitute a waiver of any privilege, including the attorney-client privilege. Any person receiving executive session information pursuant to A.R.S. §§ 38-431.03 or 38-431.06 shall not disclose that information except to the Attorney General or County Attorney, by agreement with the public body or to a court in camera for purposes of enforcing this subchapter. Any court that reviews executive session information shall take appropriate action to protect privileged information.
(1976 Code, § 2-4-3) (Ord. 432-01, passed 12-13-2001)