Discussions and deliberations between less than a majority of the members of a governing body, or other devices, when used to circumvent the purposes of the Open Meeting Law violate that law. See Ariz. Att'y Gen. Op. 75-8; Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974). Public officials may not circumvent public discussion by splintering the quorum and having separate or serial discussions with a majority of the public body members. Splintering the quorum can be done by meeting in person, by telephone, electronically, or through other means to discuss a topic that is or may be presented to the public body for a decision. Public officials should refrain from any activities that may undermine public confidence in the public decision making process established in the Open Meeting Law, including actions that may appear to remove discussions and decisions from public view. For example, Board members cannot use email to circumvent the Open Meeting Law requirements. See Ariz. Att’y Gen. Op. I05-004 at 2. “[E]ven if communications on a particular subject between members of a public body do not take place at the same time or place, the communications can nonetheless constitute a ‘meeting.’” See Del Papa v. Bd. of Regents of Univ. and Cmty. Coll. Sys. Of Nev., 114 Nev. 388, 393, 956 P.2d 770, 774 (1998) (rejecting the argument that a meeting did not occur because the board members were not together at the same time and place.) Additionally, “[w]hen members of the public body are parties to an exchange of e-mail communications that involve discussions, deliberations, or taking legal action by a quorum of the public body concerning a matter that may foreseeably come before the public body for action, the communications constitute a meeting through technical devices under the [Open Meeting Law].” See Ariz. Att’y Gen. Op. I05-004 at 1. This may be true even if none of the members of the public body respond to the email. Id. at 2-3. If the one-way communication proposes legal action, then it would violate the Open Meeting Law. Id. However, other one-way communications, with no further exchanges, are not per se violations, and further examination of the facts and circumstances is necessary to determine if there is a violation. Id. at 3.http://www.azleg.gov/ombudsman/Open_Meeting_Law_Booklet_w_Hyperlinks.pdf
Posted by Interim Partners, Interim public sector management specialists.
In: Finance4 Nov 2013
30-year and 15-year fixed home loans are available at higher rates at Branch Banking and Trust (NYSE:BBT) this Thursday. The former loan package is up by 0.125% to 4.125% at the North Carolina-based mortgage provider. In case of the 15-year fixed counterpart, it can be had at a higher rate (3.250%) today. BB&T also offers other home loan options, which include the 30-year fixed FHA and the 30-year fixed VA mortgages. On Thursday, both of these loans come with 3.625% in interest. As far as the lender’s refinance rates are concerned, we have also noticed some changes, please check the details on them below.
Justice Secretary Chris Grayling's reforms will see prisoners' access to legal aid limited, a household disposable income threshold for criminal legal aid introduced and set out proposals for reducing the cost of fees for representation.
In: Finance4 Nov 2013
The rate information provided assumes the purpose of the mortgage loan is to purchase a property, an existing single family home to be used as a primary residence with a loan amount of $200,000 and an estimated property value of $250,000. The property is located in New Haven, Connecticut. The interest rate reflects a 60 day rate lock period. The actual mortgage interest rate will depend on a number of factors including but not limited to loan type, credit profile, property type, appraised value, occupancy and loan size.
Lloyds, which is still 33 per cent owned by taxpayers, raised hopes for three million ordinary investors that it will be able to resume dividend payments next year.