No Identification for closed BOB closed session.
C. Before entering into any closed portion of a meeting of the board of directors, or on notice of a meeting under subsection D of this section that will be closed, the board shall identify the paragraph under subsection A of this section that authorizes the board to close the meeting.
Hello Dennis,
Im certain that you recognize the above statement located within ARS 33-1804.
Our BOD regular montly meeting notice fowarded to all mebers most always includes a closed executive seesion that is held one hour prior to the start of the open session. The 5 authorized closed session meeting guidelines are posted at the end of the notice and no identification to the paragraph as required in 33-1804 is ever adhered to. For obvious reasons the requirement for closed session cannot be announced at the meeting that follows. I have notified the management company via email numerous times however they react as if posting the 5 reasons that a board can be in closed session is all that is needed.
Bottom line is members such as myself have no idea why the closed session was called, or if in fact it was actually authorized under 33-1804. No transparency here at all.
Just wondering your thoughts on this subject and any input on a direction I could take to get this issue resolved.
Thanks
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Robert,
These ideas do not arise out of a vacuum. The law is clear I put that provision into the law in 2017 to force boards to think about why and what they will be discussing in executive session, attorney and community manager started looking for way to skirt the law and make it useless. The approach you identify is absolutely a violation of the law and a token jester to feign compliance. Those attorneys and community managers then spread any idea that provides cover to conceal transparency from community to community. To the point that most communities fail to satisfy the intent of this legislation, and this has become a totally ineffective provision in the law. The open meeting law is violated every single day in this state somewhere because there are no consequences for those violations. But the fact is that transparency in the affairs of the community is the single most important issue to promote harmony in these communities. The light of day is a very powerful tool to ensure fairness in these communities. My bill for open meeting law clarification this past session would have provided both clarity and accountability to the law but based on AACM, the committee chairman refused to hear the bill in committee, and it died.
All I can do is keep trying to get substantive legislation passed each year and I will do that.
Dennis