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School board issues statement on open meeting law

Regarding a complaint this past fall concerning the Fountain Hills Unified School District Governing Board and perceived violations of Open Meeting Law, the Arizona Attorney General’s Office found that, while the local board did not commit the violations it was accused of, other issues were discovered.

A statement from the Governing Board concerning those issues was read during the April 14 meeting and follows below.

“The Arizona Attorney General’s Office received a complaint in Nov. 2020 alleging that the Fountain Hills Unified School District Governing Board violated the Arizona Open Meeting Law in particular respects. After investigating the matter, the Attorney General’s Office determined that no violation of the Open Meeting Law could be substantiated as to the particular allegations in the complaint.

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School board issues statement on open meeting law

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Regarding a complaint this past fall concerning the Fountain Hills Unified School District Governing Board and perceived violations of Open Meeting Law, the Arizona Attorney General’s Office found that, while the local board did not commit the violations it was accused of, other issues were discovered.

A statement from the Governing Board concerning those issues was read during the April 14 meeting and follows below.

“The Arizona Attorney General’s Office received a complaint in Nov. 2020 alleging that the Fountain Hills Unified School District Governing Board violated the Arizona Open Meeting Law in particular respects. After investigating the matter, the Attorney General’s Office determined that no violation of the Open Meeting Law could be substantiated as to the particular allegations in the complaint.

“However, in its review of the documentation associated with that complaint, the Attorney General’s Office determined that other violations of the Open Meeting Law did occur in connection with the Board’s executive session on Oct. 21, 2020.

“In particular, the Attorney General’s Office concluded that the agenda for that executive session did not contain a sufficient description of the matters to be considered at the meeting, in violation of A.R.S. § 38‑431.02(I). The Attorney General’s Office also concluded that the Board discussed matters in that executive session that did not relate to the items in the agenda for that executive session, in violation of A.R.S. § 38‑431.03(E).

“In consultation with the Attorney General’s Office, the Board has taken steps to prevent violations such as these from recurring. The Board, the superintendent and the Board’s staff participated in a comprehensive training session on the Arizona Open Meeting Law, organized and presented by professionals from the Arizona School Boards Association.

“In addition, because the minutes from the Board’s executive session on Oct. 21, 2020, do not fall under a statutory subsection allowing entry into an executive session, the minutes of that executive session will be made available to the public on April 15, 2021 (persons who wish to review those minutes may contact Krista Andreae [kandreae@fhacademics.org]).”

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