0.3 Arizona school law review: chapter 2b  (Page 8/8)

Does the Governing Board ensure that no executive session is held for the purpose of taking any legal action involving a final vote or decision?

Does the Governing Board ensure that except for actual emergency measures the Board does not discuss any matter in an executive session which is not described in the notice of the executive session?

[ ] Yes [ ]No

Ars†38-431.05 meeting held in violation of article; business transacted null and void; ratification

All legal action transacted by the Governing Board during a meeting held in violation of any provision of the open meeting laws is null and void unless ratified. If the Board wishes to ratify legal action taken in violation of the open meeting laws, is it done in accordance with the following requirements?

1. Ratification shall take place at a public meeting within 30 days after discovery of the violation or after such discovery should have been made by the exercise of reasonable diligence.

2. The notice for the meeting shall include a description of the action to be ratified, a clear statement that the Governing Board proposes to ratify a prior action and information on how the public may obtain a written detailed description of the action to be ratified.

3. The Governing Board shall make available to the public a detailed written description of the action to be ratified and all deliberations, consultations and decisions by members of the Board that preceded and related to such action. The written description shall also be included as part of the minutes of the meeting at which ratification is taken.

4. The Governing Board shall make available to the public the notice and detailed written description required by this section at least 72 hours in advance of the public meeting at which the ratification is taken.

[ ] Yes [ ]No

Ars†38-431.07 violations; enforcement; removal from office; in camera review

Does the Governing Board ensure that there will be no expenditure of public monies to employ or retain legal counsel to provide legal services or representation to the Board or any of its officers in any legal action commenced pursuant to any provisions of this article unless the Board has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness?

Does any Board member or employee who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to the school district make known that interest in the official records of the school district and refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase?

Does any Board member or employee who has, or whose relative has, a substantial interest in any decision of the school district make known such interest in the official records of the district and refrain from participating in any manner as an officer or employee in such decision?

[ ] Yes [ ]No

Ars†38-491 eligibility: veteran

If the district uses a system of employment on the basis of merit, does it provide that a veteran of the Armed Forces of the United States, separated from active duty under honorable conditions, is eligible to apply for and receive employment under such merit system, regardless of age?

[ ] Yes [ ]No

Ars†38-503 conflict of interest; exemption; school board member

Does any Board member or employee who has, or whose relative has, a substantial interest in any contract, sale, purchase or service to the school district make known that interest in the official records of the school district and refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale or purchase?

[ ] Yes [ ]No