A.R.S. tit. 38 ch. 3 — Arizona Revised Statutes Title 38 Chapter 3 — Conduct Of Office

38-401. Office hours for state offices State offices shall be kept open for transaction of business from eight o'clock a.m. until five o'clock p.m. each day from Monday through Friday except: 1. On holidays. 2. In implementing an agency furlough if the department of administration has authorized the state office to be closed in order to meet the furlough requirements. An agency that receives this authorization shall ensure that appropriate notice is given to notify the public of the office closure. 3. As otherwise provided by law. 38-411. Record of fees; inspection of fee book Every officer entitled by law to charge fees for services shall keep a fee book and shall enter therein all fees charged for services rendered. The fee book shall at all times be subject to inspection by any person to ascertain the amount of fees therein charged. 38-412. Posting schedule of fees Recorders, clerks of the superior courts, sheriffs, justices of the peace, constables and notaries public shall keep posted at all times in a conspicuous place in their respective offices a complete list of the fees they are allowed to charge. 38-413. Charging excessive fees; classification A. If an officer demands and receives a higher fee than prescribed by law, or any fee not so allowed, such officer shall be liable to the party aggrieved in an amount four times the fee unlawfully demanded and received by him. B. An officer who violates this section is guilty of a class 5 felony. 38-414. Collection of fees; failure to report amount collected; classification A public officer who by law is required to make an abstract or statement of the amount of fees, compensation or percentage as earned or collected by him or his deputies, or as having been returned to him by any other officer or person, or who is required by law to keep or preserve such abstract or statement or to file it in some designated place, who knowingly fails or refuses to make or file such abstract or statement as required by law, is guilty of a class 2 misdemeanor and shall be removed from office by judgment of the court. 38-421. Stealing, destroying, altering or secreting public record; classification A. An officer having custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who steals, or knowingly and without lawful authority destroys, mutilates, defaces, alters, falsifies, removes or secretes the whole or any part thereof, or who permits any other person so to do, is guilty of a class 4 felony. B. A person not an officer who is guilty of the conduct specified in subsection A of this section is guilty of a class 6 felony. 38-422. Failure of tax or revenue collector or disburser to permit inspection of books by attorney general or county attorney; classification An officer charged with the collection, receipt or disbursement of any revenue or tax of the state, or any political subdivision thereof, who upon demand knowingly fails or refuses to permit the attorney general or a county attorney to inspect his books, papers, receipts and records pertaining to his office, is guilty of a class 2 misdemeanor. 38-423. Making or giving false certificate; classification A public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true such a certificate or writing containing a statement which he knows is false, is guilty of a class 6 felony. 38-424. Use of electronic recording devices; use of court reporter or stenographer; official record; presumed remedy for deficient electronic record A. Except as provided in title 21, chapter 4, title 36, chapter 5, and subsections B and C of this section, this state or any agency of this state, including the judiciary, and each political subdivision of this state, including any courts of law, may for any purpose use electronic recording devices in lieu of court reporters or stenographers. B. If requested by either party in writing at least five court days before a trial or hearing arising out of an indictment or information and a court reporter or stenographer is available on the day of the trial or hearing, a court reporter or stenographer shall be used, except that if the court finds a trial is required to start within the five days in order to comply with a victim's or defendant's right to a speedy trial, the court may commence the trial using an electronic recording device. C. If requested by either party in writing at least five court days before a trial or hearing held pursuant to title 36, chapter 37 and a court reporter or stenographer is available on the day of the trial or hearing, a court reporter or stenographer shall be used. D. Either party may provide a court reporter or stenographer in addition to the electronic recording device that is used by a court to record the proceedings. The official record of the proceedings is the record prepared by the court reporter. If no court reporter is available, the official record of the proceedings is the record prepared by the court pursuant to rules adopted by the supreme court. E. If an electronic recording device is used in a trial or hearing arising out of an indictment or information, on the request of either party, the court shall hold a hearing to determine if there is a deficiency in the electronic record of the proceeding and whether the deficiency prejudiced a party. If the court finds that a deficiency in the electronic record prejudiced a party, the court shall presume that the prejudiced party is entitled to a new trial or phase of trial pursuant to rule 24 of the Arizona rules of criminal procedure. 38-431. Definitions In this article, unless the context otherwise requires: 1. "Advisory committee" or "subcommittee" means any entity, however designated, that is officially established, on motion and order of a public body or by the presiding officer of the public body, and whose members have been appointed for the specific purpose of making a recommendation concerning a decision to be made or considered or a course of conduct to be taken or considered by the public body. 2. "Executive session" means a gathering of a quorum of members of a public body from which the public is excluded for one or more of the reasons prescribed in section 38-431.03. In addition to the members of the public body, officers, appointees and employees as provided in section 38-431.03 and the auditor general as provided in section 41-1279.04, only individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities may attend the executive session. 3. "Legal action" means a collective decision, commitment or promise made by a public body pursuant to the constitution, the public body's charter, bylaws or specified scope of appointment and the laws of this state. 4. "Meeting": (a) Means the gathering, in person or through technological devices, of a quorum of the members of a public body at which they discuss, propose or take legal action, including any deliberations by a quorum with respect to that action. (b) Includes: (i) A one-way electronic communication by one member of a public body that is sent to a quorum of the members of a public body and that proposes legal action. (ii) An exchange of electronic communications among a quorum of the members of a public body that involves a discussion, deliberation or the taking of legal action by the public body concerning a matter likely to come before the public body for action. 5. "Political subdivision" means all political subdivisions of this state, including without limitation all counties, cities and towns, school districts and special districts. 6. "Public body" means the legislature, all boards and commissions of this state or political subdivisions, all multimember governing bodies of departments, agencies, institutions and instrumentalities of this state or political subdivisions, including without limitation all corporations and other instrumentalities whose boards of directors are appointed or elected by this state or a political subdivision. Public body includes all quasi-judicial bodies and all standing, special or advisory committees or subcommittees of, or appointed by, the public body. Public body includes all commissions and other public entities established by the Arizona Constitution or by way of ballot initiative, including the independent redistricting commission, and this article applies except and only to the extent that specific constitutional provisions supersede this article. 7. "Quasi-judicial body" means a public body, other than a court of law, possessing the power to hold hearings on disputed matters between a private person and a public agency and to make decisions in the general manner of a court regarding such disputed claims. 38-431.01. Public bodies; open meetings required; seating; minutes; posting; recordings; open calls A. All meetings of any public body shall be public meetings and all persons so desiring shall be allowed to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting. B. Schools, school boards, executive boards and municipalities shall provide for an amount of seating sufficient to accommodate the reasonably anticipated attendance of all persons desiring to attend the deliberations and proceedings, when feasible. This section does not require a public body to relocate a meeting outside of the largest regular meeting room. C. All public bodies shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive sessions, the minutes or recording shall include: 1. The date, time and place of the meeting. 2. The members of the public body recorded as either present or absent. 3. A general description of the matters considered. 4. An accurate description of all legal actions proposed, discussed or taken, including a record of how each member voted. The minutes shall also include the names of the members who propose each motion and the names of the persons, as given, who make statements or present material to the public body and a reference to the legal action about which they made statements or presented material. D. Minutes of executive sessions shall include items set forth in subsection C, paragraphs 1, 2 and 3 of this section, an accurate description of all instructions given pursuant to section 38-431.03, subsection A, paragraphs 4, 5 and 7 and other matters as may be deemed appropriate by the public body. E. The minutes or a recording of a meeting shall be available for public inspection three working days after the meeting except as otherwise specifically provided by this article. F. A public body of a city or town with a population of more than two thousand five hundred persons shall: 1. Within three working days after a meeting, except for subcommittees and advisory committees, post on its website, if applicable, either: (a) A statement describing the legal actions taken by the public body of the city or town during the meeting. (b) Any recording of the meeting. 2. Within two working days following approval of the minutes, post approved minutes of city or town council meetings on its website, if applicable, except as otherwise specifically provided by this article. 3. Within ten working days after a subcommittee or advisory committee meeting, post on its website, if applicable, either: (a) A statement describing legal action, if any. (b) A recording of the meeting. G. All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder or camera or any other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting. H. The secretary of state for state public bodies, the city or town clerk for municipal public bodies and the county clerk for all other local public bodies shall conspicuously post open meeting law materials prepared and approved by the attorney general on their website. A person elected or appointed to a public body shall review the open meeting law materials at least one day before the day that person takes office. I. A public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body. At the conclusion of an open call to the public, individual members of the public body may respond to criticism made by those who have addressed the public body, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the public body shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action. J. A member of a public body shall not knowingly direct any staff member to communicate in violation of this article. K. Any posting required by subsection F of this section must remain on the applicable website for at least one year after the date of the posting. L. A public body may not place any proposal to impose or increase a tax rate, assessment or fee in this state on the consent agenda for a meeting of the public body. 38-431.02. Notice of meetings A. Public notice of all meetings of public bodies shall be given as follows: 1. The public bodies of this state, including governing bodies of charter schools, shall: (a) Conspicuously post a statement on their website stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings. (b) Post all public meeting notices on their website and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents posting public notices on a website or that temporarily or permanently prevents using all or part of the website does not preclude holding the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section. 2. The public bodies of the counties and school districts shall: (a) Conspicuously post a statement on their website stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings. (b) Post all public meeting notices on their website and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents posting public notices on a website or that temporarily or permanently prevents using all or part of the website does not preclude holding the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section. 3. Special districts that are formed pursuant to title 48: (a) May conspicuously post a statement on their website stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings. (b) May post all public meeting notices on their website and shall give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents posting public notices on a website or that temporarily or permanently prevents using all or part of the website does not preclude holding the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section. (c) If a statement or notice is not posted pursuant to subdivision (a) or (b) of this paragraph, shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give additional public notice as is reasonable and practicable as to all meetings. 4. The public bodies of the cities and towns shall: (a) Conspicuously post a statement on their website or on a website of an association of cities and towns stating where all public notices of their meetings will be posted, including the physical and electronic locations, and shall give additional public notice as is reasonable and practicable as to all meetings. (b) Post all public meeting notices on their website or on a website of an association of cities and towns and give additional public notice as is reasonable and practicable as to all meetings. A technological problem or failure that either prevents posting public notices on a website or that temporarily or permanently prevents using all or part of the website does not preclude holding the meeting for which the notice was posted if the public body complies with all other public notice requirements required by this section. B. If an executive session is scheduled, a notice of the executive session shall state the provision of law authorizing the executive session, and the notice shall be provided to the: 1. Members of the public body. 2. General public. C. Except as provided in subsections D and E of this section, meetings shall not be held without at least twenty-four hours' notice to the members of the public body and to the general public. The twenty-four-hour period includes Saturdays if the public has access to the physical posted location in addition to any website posting, but excludes Sundays and other holidays prescribed in section 1-301. D. In case of an actual emergency, a meeting, including an executive session, may be held on such notice as is appropriate to the circumstances. If this subsection is used for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I of this section. E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A of this section, and if, before recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given. F. A public body that intends to meet for a specified calendar period, on a regular day, date or event during the calendar period, and at a regular place and time, may post public notice of the meetings at the beginning of the period. The notice shall specify the period for which notice is applicable. G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours before the meeting, except in the case of an actual emergency under subsection D of this section. The twenty-four-hour period includes Saturdays if the public has access to the physical posted location in addition to any website posting, but excludes Sundays and other holidays prescribed in section 1-301. H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. Except for a meeting through technological devices, the agenda shall also include notice of the time that the public will have physical access to the meeting place. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. The agenda shall provide more than just a recital of the statutory provisions authorizing the executive session, but need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy interests of a public officer, appointee or employee or compromise the attorney-client privilege. J. Notwithstanding subsections H and I of this section, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, if the matter was not listed on the agenda and a statement setting forth the reasons necessitating the discussion, consideration or decision is placed in the minutes of the meeting and is publicly announced at the public meeting. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately before the executive session. K. Notwithstanding subsection H of this section, the chief administrator, presiding officer or a member of a public body may present a brief summary of current events without listing in the agenda the specific matters to be summarized, if: 1. The summary is listed on the agenda. 2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any matter in the summary unless the specific matter is properly noticed for legal action. 38-431.03. Executive sessions; definitions A. On a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 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 the 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 twenty-four 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 or town. 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. 8. Discussion or consideration of matters relating to school safety operations or school safety plans or programs. 9. Discussions or consultations with designated representatives of the public body in order to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body. Records, documentation, notes or other materials made by, or provided to, the representatives pursuant to this paragraph are confidential and exempt from public disclosure under this chapter and title 39, chapter 1. B. Minutes of and discussions made at executive sessions shall be kept confidential except from: 1. Members of the public body that met in executive session. 2. Officers, appointees or employees who were the subject of discussion or consideration pursuant to subsection A, paragraph 1 of this section. 3. The auditor general on a request made in connection with an audit authorized as provided by law. 4. A county attorney or the attorney general when investigating alleged violations of this article. C. The public body shall instruct persons who are present at the executive session regarding the confidentiality requirements of this article. 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 subsection A, paragraphs 4, 5 and 7 of this section. A public vote shall be taken before any legal action binds the public body. A matter that is discussed in executive session on which the public body must take a final vote or make a final decision must be placed on the regular agenda and may not be placed on the consent agenda. E. Except as provided in section 38-431.02, subsections I and J, a public body shall not discuss any matter in an executive session that is not described in the notice of the executive session. F. Disclosure of executive session information pursuant to this section or section 38-431.06 does not constitute a waiver of any privilege, including the attorney-client privilege. Any person receiving executive session information pursuant to this section or section 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 article. Any court that reviews executive session information shall take appropriate action to protect privileged information. G. For the purposes of this section: 1. "Critical infrastructure" has the same meaning prescribed in section 41-1801. 2. "Information technology" has the same meaning prescribed in section 18-101. 38-431.04. Writ of mandamus Where the provisions of this article are not complied with, a court of competent jurisdiction may issue a writ of mandamus requiring that a meeting be open to the public. 38-431.05. Meeting held in violation of article; business transacted null and void; ratification A. All legal action transacted by any public body during a meeting held in violation of any provision of this article is null and void except as provided in subsection B. B. A public body may ratify legal action taken in violation of this article in accordance with the following requirements: 1. Ratification shall take place at a public meeting within thirty 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 public body proposes to ratify a prior action and information on how the public may obtain a detailed written description of the action to be ratified. 3. The public body 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 public body 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 public body shall make available to the public the notice and detailed written description required by this section at least seventy-two hours in advance of the public meeting at which the ratification is taken. 38-431.06. Investigations; written investigative demands A. On receipt of a written complaint signed by a complainant alleging a violation of this article or on their own initiative, the attorney general or the county attorney for the county in which the alleged violation occurred may begin an investigation. B. In addition to other powers conferred by this article, in order to carry out the duties prescribed in this article, the attorney general or the county attorney for the county in which the alleged violation occurred, or their designees, may: 1. Issue written investigative demands to any person. 2. Administer an oath or affirmation to any person for testimony. 3. Examine under oath any person in connection with the investigation of the alleged violation of this article. 4. Examine by means of inspecting, studying or copying any account, book, computer, document, minutes, paper, recording or record. 5. Require any person to file on prescribed forms a statement or report in writing and under oath of all the facts and circumstances requested by the attorney general or county attorney. C. The written investigative demand shall: 1. Be served on the person in the manner required for service of process in this state or by certified mail, return receipt requested. 2. Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified. 3. Prescribe a reasonable time at which the person shall appear to testify and within which the document or object shall be produced and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general or county attorney on or before that time. 4. Specify a place for the taking of testimony or for production of a document or object and designate a person who shall be the custodian of the document or object. D. If a person objects to or otherwise fails to comply with the written investigation demand served on the person pursuant to subsection C, the attorney general or county attorney may file an action in the superior court for an order to enforce the demand. Venue for the action to enforce the demand shall be in Maricopa county or in the county in which the alleged violation occurred. Notice of hearing the action to enforce the demand and a copy of the action shall be served on the person in the same manner as that prescribed in the Arizona rules of civil procedure. If a court finds that the demand is proper, including that the compliance will not violate a privilege and that there is not a conflict of interest on the part of the attorney general or county attorney, that there is reasonable cause to believe there may have been a violation of this article and that the information sought or document or object demanded is relevant to the violation, the court shall order the person to comply with the demand, subject to modifications the court may prescribe. If the person fails to comply with the court's order, the court may issue any of the following orders until the person complies with the order: 1. Adjudging the person in contempt of court. 2. Granting injunctive relief against the person to whom the demand is issued to restrain the conduct that is the subject of the investigation. 3. Granting other relief the court deems proper. 38-431.07. Violations; enforcement; civil penalty; removal from office; in camera review A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by the public body as a whole, or to determine the applicability of this article to matters or legal actions of the public body. The attorney general may also commence a suit in the superior court in the county in which the public body ordinarily meets against an individual member of a public body for a knowing violation of this article, and in such a suit the court may impose a civil penalty against each person who knowingly violates this article or who knowingly aids, agrees to aid or attempts to aid in violating this article and order equitable relief as the court deems appropriate in the circumstances. The court may impose a civil penalty not to exceed five hundred dollars for the second offense and not to exceed two thousand five hundred dollars for the third and subsequent offenses. If the court imposes a civil penalty against an individual member of the public body who knowingly violates this article, the public body may not pay the civil penalty on behalf of, or otherwise reimburse, the individual against whom the civil penalty has been imposed. If the court finds that a person who might otherwise be liable under this subsection objected to the action of the public body and the objection is noted on a public record, the court may choose not to impose a civil penalty on that person. The civil penalties awarded pursuant to this section shall be deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of the plaintiff's reasonable attorney fees, by the defendant state, the political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information knowingly violated any provision of this article, the court may remove the public officer from office and shall assess the public officer or a person who knowingly aided, agreed to aid or attempted to aid the public officer in violating this article, or both, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section. B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make the expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving the expenditure before incurring any obligation or indebtedness. C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes of the executive session, and if the court in its discretion determines that the minutes are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of the minutes. 38-431.08. Exceptions; limitation A. This article does not apply to: 1. Any judicial proceeding of any court or any political caucus of the legislature. 2. Any conference committee of the legislature, except that all such meetings shall be open to the public. 3. The commissions on appellate and trial court appointments and the commission on judicial qualifications. 4. Good cause exception and central registry exception determinations and hearings conducted by the board of fingerprinting pursuant to sections 41-619.55 and 41-619.57. 5. The exchange of communications among a quorum of a three-member advisory committee or subcommittee that involves a discussion or deliberation concerning a matter before the advisory committee or subcommittee. The three-member advisory committee or subcommittee may not include more than one member who is a member of any public body. B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may: 1. Prohibit, on written findings that are made public within five days after so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison. 2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification that verifies the person's signature. 3. Prevent and prohibit any articles from being taken into a hearing except recording devices and, if the person who attends a hearing is a member of the media, cameras. 4. Require that a person who attends a hearing submit to a reasonable search on entering the facility. C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38-431.07, as against the director only. D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person. 38-431.09. Declaration of public policy A. It is the public policy of this state that meetings of public bodies be conducted openly and that notices and agendas be provided for such meetings which contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. Toward this end, any person or entity charged with the interpretations of this article shall construe this article in favor of open and public meetings. B. Notwithstanding subsection A, it is not a violation of this article if a member of a public body expresses an opinion or discusses an issue with the public either at a venue other than at a meeting that is subject to this article, personally, through the media or other form of public broadcast communication or through technological means if: 1. The opinion or discussion is not principally directed at or directly given to another member of the public body. 2. There is no concerted plan to engage in collective deliberation to take legal action. 38-441. Discharge of duties of another office; attestation When an officer discharges ex officio the duties of another office, his official signature and the attestation shall be in the name of the office which he discharges. 38-442. Persons acting as public officers without qualifying; classification; effect of acts A. A person who exercises a function of a public office without taking the oath of office, or without giving the required bond, is guilty of a class 2 misdemeanor. B. This section shall not affect the validity of acts done by a person exercising the functions of a public office in fact, where persons other than himself are interested in maintaining the validity of such acts. 38-443. Nonfeasance in public office; classification A public officer or person holding a position of public trust or employment who knowingly omits to perform any duty the performance of which is required of him by law is guilty of a class 2 misdemeanor unless special provision has been made for punishment of such omission. 38-444. Asking or receiving illegal gratuity or reward; classification A public officer who knowingly asks or receives any emolument, gratuity or reward, or any promise thereof, excepting those authorized by law, for doing any official act, is guilty of a class 6 felony. 38-445. Using pass or obtaining special rates for transportation; classification; exception A public officer, except a notary public or a member of the national guard of Arizona traveling under orders, who knowingly accepts or uses a pass or purchases transportation from a common carrier, other than as such transportation may be purchased by the general public, is guilty of a class 2 misdemeanor. 38-446. Acts based on written opinions; immunity Notwithstanding any provision of law to the contrary, no public officer or employee is personally liable for acts done in his official capacity in good faith reliance on written opinions of the attorney general issued pursuant to section 41-193, written opinions of a county attorney of the county, written opinions of the city or town attorney of the city or town or written opinions of any authorized private attorney for any independent public retirement trust fund or system for which the officer or employee serves or is employed. 38-447. Violation of prohibition against acquisition of certain interests by public officers; classification An officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing evidences of indebtedness, who violates any provision of such laws, is guilty of a class 5 felony, and is forever disqualified from holding any office in this state. 38-448. State employees; access to internet pornography prohibited; cause for dismissal; definitions A. Except to the extent required in conjunction with a bona fide, agency approved research project or other agency approved undertaking, an employee of an agency shall not knowingly use agency owned or agency leased computer equipment to access, download, print or store any information infrastructure files or services that depict nudity, sexual activity, sexual excitement or ultimate sexual acts as defined in section 13-3501. Agency heads shall give, in writing, any agency approvals. Agency approvals are available for public inspection pursuant to section 39-121. B. An employee who violates this section may be subject to discipline or dismissal. C. All agencies shall immediately furnish their current employees with copies of this section. All agencies shall furnish all new employees with copies of this section at the time of authorizing an employee to use an agency computer. D. For the purposes of this section: 1. "Agency" means: (a) All offices, agencies, departments, boards, councils or commissions of this state. (b) All state universities. (c) All community college districts. (d) All legislative agencies. (e) All departments or agencies of the state supreme court or the court of appeals. 2. "Information infrastructure" means telecommunications, cable and computer networks and includes the internet, the world wide web, usenet, bulletin board systems, on-line systems and telephone networks. 38-449. Display of POW/MIA flag A. The POW/MIA flag shall be displayed on or in front of the locations prescribed in subsection B of this section on any day when the United States flag is displayed. B. The locations for the display of the POW/MIA flag pursuant to subsection A of this section are the following: 1. The state capitol building. 2. The building that serves as the location of the superior court in a county. 3. The building that serves as the city or town hall of each incorporated city or town. 4. The building that serves as the main administrative building of each county. C. The POW/MIA flag may be displayed on or in front of the following locations on any day when the United States flag is displayed: 1. The building that serves as the location of the municipal court in a city or town. 2. The building that serves as the location of the justice court. 3. The building that serves as the regional justice court center. D. Notwithstanding any other law, when displayed with the United States flag on a single staff the POW/MIA flag shall be displayed below the Arizona state flag. When flags are displayed on multiple staffs the Arizona flag shall always be displayed to the honor of the United States flag. 38-450. Display of honor and remember flag A. The honor and remember flag shall be displayed on or in front of the locations prescribed in subsection B of this section on any day when the United States flag is flown at half-staff because of the death of a member of the United States armed forces. B. The locations for the display of the honor and remember flag pursuant to subsection A of this section are the following: 1. The state capitol building. 2. The building that serves as the location of the superior court in a county. 3. The building that serves as the city or town hall of each incorporated city or town. C. Notwithstanding any other law, when displayed with the United States flag on a single staff the honor and remember flag shall be displayed below the POW/MIA flag. 38-451. Display of flags; notification; state agencies; state buildings; military service members A. All state agencies, on notification from the governor of the death of a military service member of the United States armed forces who was killed in action and who claimed this state as the military service member's home of record or who was stationed in this state, shall fly all flags displayed on or in front of all state buildings at half-staff. B. Notwithstanding any other law, when flags are displayed on multiple staffs the Arizona state flag shall always be displayed to the honor of the United States flag. 38-461. Appointment and recording of appointment A. Every state officer, board or commission may appoint deputies and assistants when authorized by law, and may appoint clerks and employees for the prompt discharge of the duties of the office. B. Deputies, assistants and subordinate officers whose appointments are not otherwise provided for by law shall be appointed by the officer or body to whom they are subordinate. C. The appointment of deputies and assistants by state officers, boards or commissions shall be in writing and filed in the office of the secretary of state. The appointment of deputies, assistants or clerks by county officers or boards shall, except as otherwise provided, be in writing and recorded in the office of the county recorder. 38-462. Powers and duties of deputies A. Unless otherwise provided, each deputy of a state or county officer possesses the powers and may perform the duties prescribed by law for the office of the principal. B. When the official name of any principal officer is used in law conferring power, or imposing duties, liabilities or prohibitions, it includes the officer's deputies. 38-463. Liability of officer on bond for acts of deputies and assistants; bond of deputies and assistants; approval A. Every officer is liable on his official bond for any official negligence or misconduct on the part of his deputies, clerks or assistants, and may require an official bond from a deputy appointed by him, in an amount not greater than that required of the officer and conditioned as required of the principal officer. B. The bonds of deputies, clerks or employees, unless otherwise provided by law, shall be approved by the appointing power. 38-464. Authorization for payment of salary; limitation No salary or compensation shall be paid to deputies, assistants, clerks or employees of a state office, board or commission unless authorized in the appropriation made for that office, board or commission by the legislature, and under regulations the legislature prescribes. 38-465. Purchase of appointment to office; classification A person who knowingly gives or offers any gratuity or reward in consideration that he, or any other person, be appointed to a public office, or permitted to exercise or discharge the duties thereof, is guilty of a class 6 felony. 38-466. Sale of appointment to office; classification A public officer, who for a gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any duties of his office, is guilty of a class 6 felony and shall forfeit his office and is forever disqualified from holding any office in this state. 38-481. Employment of relatives; violation; classification; definition A. It is unlawful, unless otherwise expressly provided by law, for an executive, legislative, ministerial or judicial officer to appoint or vote for appointment of any person related to him by affinity or consanguinity within the third degree to any clerkship, office, position, employment or duty in any department of the state, district, county, city or municipal government of which such executive, legislative, ministerial or judicial officer is a member, when the salary, wages or compensation of such appointee is to be paid from public funds or fees of such office, or to appoint, vote for or agree to appoint, or to work for, suggest, arrange or be a party to the appointment of any person in consideration of the appointment of a person related to him within the degree provided by this section. B. Any executive, legislative, ministerial or judicial officer who violates any provision of this section is guilty of a class 2 misdemeanor. C. The designation executive, legislative, ministerial or judicial officer includes all officials of the state, or of any county or incorporated city within the state, holding office either by election or appointment, and the heads of the departments of state, county or incorporated cities, officers and boards or managers of the universities. 38-491. Eligibility; age limit A. This state, or any political subdivision of this state that employs personnel of any branch of its service under a merit system, civil service system or other system of employment on the basis of merit, by whatever name known, and whether pursuant to law, ordinance, rule, regulation or otherwise, shall provide that a veteran of the armed forces of the United States as defined by title 37, chapter 1, section 101, United States Code, separated from active duty under honorable conditions, is eligible to apply for and receive employment under such a merit system regardless of age, if otherwise qualified, subject only to the requirement that the veteran is below the regular retirement age at the time of entering the employment, if a retirement age is prescribed. B. Any political subdivision of this state that employs personnel of any branch of its service under a merit system, civil service system or other system of employment on the basis of merit, by whatever name known, and whether pursuant to law, ordinance, rule, regulation or otherwise, shall provide that any veteran who is entitled under 10 United States Code chapter 1223 to retired pay for non-regular service or, but for age, would be entitled under that chapter to retired pay for non-regular service is eligible to apply for and receive employment under such a merit system regardless of age, if otherwise qualified, subject only to the requirement that the veteran is below the regular retirement age at the time of entering the employment, if a retirement age is prescribed. 38-492. Preferences A. A veteran of the armed forces of the United States who is separated from the armed forces under honorable conditions following more than six months of active duty and who takes an examination for employment by this state or any political subdivision of this state under a merit system of employment as provided by section 38-491, in the determination of the veteran's final rating on the examination, shall be given a preference of five points over persons other than veterans. The preference shall be added to the grade earned by the veteran, but only if the veteran earns a passing grade without preference. Any veteran who is entitled under 10 United States Code chapter 1223 to retired pay for non-regular service or, but for age, would be entitled under that chapter to retired pay for non-regular service and who takes an examination for employment by any political subdivision of this state under a merit system of employment as provided by section 38-491, in the determination of the veteran's final rating on the examination, shall be given a preference of five points over persons other than veterans. The preference shall be added to the grade earned by the veteran, but only if the veteran earns a passing grade without preference. B. A person with a disability who takes an examination for employment by this state or any political subdivision of this state under a merit system of employment, in the determination of the person's with a disability final rating on such examination, shall be given a preference of five points. The preference shall be added to the grade earned by the person with a disability but only if such person earns a passing grade without preference. For the purposes of this subsection, "person with a disability" means an individual who has a physical or mental impairment that substantially limits one or more major life activities of the individual or who has a record of such an impairment or is regarded as having such an impairment. C. A person qualified for a preference pursuant to subsections A and B of this section shall be given a ten point preference. D. A spouse or surviving spouse of any of the following, otherwise qualified pursuant to subsection A of this section, shall be given a five point preference as if the spouse or surviving spouse were an eligible veteran pursuant to subsection A of this section: 1. Any veteran who died of a service-connected disability. 2. Any member of the armed forces who is serving on active duty and who, at the time of application, is listed by the secretary of defense of the United States in any of the following categories for not less than ninety days: (a) Missing in action. (b) Captured in the line of duty by a hostile force. (c) Forcibly detained or interned in the line of duty by a foreign government or power. 3. A person who has a total, permanent disability resulting from a service-connected disability or any person who died while the disability was in existence. E. An honorably separated veteran who served on active duty in the armed forces at any time and who has a service-connected disability or is receiving compensation or disability retirement benefits under laws administered by the United States department of veterans affairs, army, navy, air force, coast guard or United States public health service shall be given a ten point preference pursuant to this section. F. If a person is eligible for a preference pursuant to this section and the person applies for employment with this state or any political subdivision of this state under a merit system of employment as provided by section 38-491 in which applicants are assessed and evaluated but scores are not given, preference shall be given by granting applicable preference codes to qualified applicants. G. No person eligible for a preference pursuant to this section shall be allowed more than a ten point preference. H. If a department, division or agency of this state or any political subdivision of this state is operated under a merit system prescribed by the federal government or a department, division or agency of the federal government, the provisions of that system, including preferences, prevail. 38-493. Effect of article The provisions of this article shall be binding on the state and on a county, city, town or other political subdivision which employs personnel of any or all branches of its service under a merit system of employment as provided by section 38-491, regardless of any provision of the law, ordinance, rule, regulation or other enactment providing for such merit system. 38-494. Violations; classification A. A person violating any provision of this article is guilty of a class 2 misdemeanor. B. An officer or person charged with the administration of a civil service or merit system of employment of the state or a county, city, town or other political subdivision who knowingly refuses or fails to observe any provision of this article in the selection of a public employee, or in grading the examination papers of an applicant for employment as provided in section 38-492, is guilty of a class 3 misdemeanor. 38-501. Application of article A. This article shall apply to all public officers and employees of incorporated cities or towns, of political subdivisions and of the state and any of its departments, commissions, agencies, bodies or boards. B. Notwithstanding the provisions of any other law, or the provisions of any charter or ordinance of any incorporated city or town to the contrary, the provisions of this article shall be exclusively applicable to all officers and employees of every incorporated city or town or political subdivision or the state and any of its departments, commissions, agencies, bodies or boards and shall supersede the provisions of any other such law, charter provision or ordinance. C. Other prohibitions in the state statutes against any specific conflict of interests shall be in addition to this article if consistent with the intent and provisions of this article. 38-502. Definitions In this article, unless the context otherwise requires: 1. "Compensation" means money, a tangible thing of value or a financial benefit. 2. "Employee" means all persons who are not public officers and who are employed on a full-time, part-time or contract basis by an incorporated city or town, a political subdivision or the state or any of its departments, commissions, agencies, bodies or boards for remuneration. 3. "Make known" means the filing of a paper which is signed by a public officer or employee and which fully discloses a substantial interest or the filing of a copy of the official minutes of a public agency which fully discloses a substantial interest. The filing shall be in the special file established pursuant to section 38-509. 4. "Official records" means the minutes or papers, records and documents maintained by a public agency for the specific purpose of receiving disclosures of substantial interests required to be made known by this article. 5. "Political subdivision" means all political subdivisions of the state and county, including all school districts. 6. "Public agency" means: (a) All courts. (b) Any department, agency, board, commission, institution, instrumentality or legislative or administrative body of the state, a county, an incorporated town or city and any other political subdivision. (c) The state, county and incorporated cities or towns and any other political subdivisions. 7. "Public competitive bidding" means the method of purchasing prescribed by title 41, chapter 23, or procedures substantially equivalent to such method of purchasing, or as provided by local charter or ordinance. 8. "Public officer" means all elected and appointed officers of a public agency established by charter, ordinance, resolution, state constitution or statute. 9. "Relative" means the spouse, child, child's child, parent, grandparent, brother or sister of the whole or half blood and their spouses and the parent, brother, sister or child of a spouse. 10. "Remote interest" means: (a) That of a nonsalaried officer of a nonprofit corporation. (b) That of a landlord or tenant of the contracting party. (c) That of an attorney of a contracting party. (d) That of a member of a nonprofit cooperative marketing association. (e) The ownership of less than three percent of the shares of a corporation for profit, provided the total annual income from dividends, including the value of stock dividends, from the corporation does not exceed five percent of the total annual income of such officer or employee and any other payments made to him by the corporation do not exceed