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HomeMy WebLinkAboutPackets - Council Packets (1459)Town Council Meeting Regular Session January 20, 2021 1 Council meeting will resume at or after x:xx p.m. 2 3 Town Council Meeting Announcements 4 Upcoming Meetings 5 6 Spotlight on Youth 7 Spotlight on Youth 8 9 Fiscal Year 2020/21 Financial Update Through November 2020 January 20, 2021 10 GENERAL FUND REVENUES 11 GENERAL FUND EXPENDITURES 12 YTD Surplus/(Deficit): $7.4M Year-End Estimated Surplus/(Deficit): $710,705 Estimated Ending Fund Balance: $22.1M GENERAL FUND 13 HIGHWAY FUND Revenues: State shared highway user (HURF) revenues total $1.5 million through November, or 43.9% of budget Expected to end the fiscal year slightly above budgeted levels Grant revenues are related to reimbursements for the La Cholla project Project is substantially complete, and no additional reimbursements are anticipated at this time Expenditures: Highway Fund expenditures total $1.7 million, or 45.3% of budget through November Figures include the fall portion of the Town’s Pavement Preservation Program Expenditures anticipated slightly below budget due to personnel savings 14 YTD Surplus/(Deficit): $(206,311) Year-End Estimated Surplus/(Deficit): $(219,156) Estimated Ending Fund Balance: $594,407 HIGHWAY FUND 15 COMMUNITY CENTER FUND Revenues: Contracted operating revenues at 37.6% of budget, or $1.3 million through November $234,500 or 21.6% higher than revenues compared to same period last fiscal year Town operating revenues below budget due to COVID-19 Half-cent sales tax revenues trending as expected at $1.1 million, or 43.7% of budget Expenditures: Contracted expenditures at 44.0% of budget, or about $2.0 million through November $138,700 or 6.6% lower than expenditures compared to same period last fiscal year Town operating expenditures below budget due to COVID-19 16 YTD Surplus/(Deficit): $102,909 Year-End Estimated Surplus/(Deficit): $(45,749) Estimated Ending Fund Balance: $858,621 COMMUNITY CENTER FUND 17 Questions? 18 19 Presented by Frank Cassidy, Esq. Arizona’s Open Meeting Law 20 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY What is the open meeting law? Set of laws that were intended to: Allow public access to the governmental process. Open deliberations and proceedings to the public. Prevent public bodies from making most decisions in secret. State certain situations in which the government can meet and issue certain instruction. Found at A.R.S. § 38-431 through -431.09 21 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Who must comply? “Public Bodies” – A.R.S. § 38-431(6) All councils, boards, commissions of the state or political subdivisions. Multimember governing bodies of departments, agencies, institutions and instrumentalities of the state or political subdivisions. Includes corporations or other instrumentalities whose boards of directors are appointed or elected by a state or political subdivision. 22 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY The definition also includes… Standing committees Special committees Advisory committees Subcommittees Of or appointed by the public body 23 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Advisory committees and subcommittees are defined as… Any entity, however designated Officially established on motion or order of the public body or by presiding officer of the public body For purpose of making a recommendation concerning a decision to be made or a course of conduct to be taken by the public body 24 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Statutory Requirements City/Town clerks must conspicuously post open meeting law materials prepared and approved by the Attorney General’s Office on their website. Chapter 7 of the Arizona Agency Handbook Revised 2018. All persons elected or appointed to a public body must review the materials at least one day before taking office. There may be other requirements elsewhere in law or in a public body’s governing documents (e.g., A.R.S. § 48-803(H) for fire district.) 25 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Enforcement Authority Arizona Attorney General’s Open Meeting Law Enforcement Team (OMLET) Investigate complaints Enforcement authority Arizona Agency Handbook, Chapter 7 (Revised 2013) Available online: www.azag.gov County Attorney’s Office The Courts 26 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Enforcement Authority Only the Arizona Attorney General is authorized to sue an individual for open meeting law violations The Arizona Attorney General, Pima County Attorney’s office, or anybody adversely affected by an OML violation can bring an enforcement action against the public body 27 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY What must a Public Body do? Provide notice Have an agenda Meet in public Permit public to attend (and A.G. has, by opinion, approved virtual attendance during the COVID pandemic) Exception: authorized executive sessions Take action in public Create/prepare meeting minutes or a recording. 28 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY What is a Meeting? A.R.S. § 38-431(4) “Meeting” is a gathering, in person or through technological devices Of a quorum of a public body Discuss Propose Deliberate Take legal action 29 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY What is a Meeting? (cont’d) A.R.S. § 38-431(4)(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 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.” 30 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY What is a Quorum? Majority of the public body – A.R.S. § 1-216(B) (unless specific statutory provision specifies a different number) If 7 members, a quorum = 4 If 5 persons, a quorum = 3 If 3 persons, a quorum = 2 That includes vacant seats unless otherwise specified by law. 31 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Telephone or “Virtual” Conferencing Permitted by the open meeting law if the public body has complied with the agenda, notice, minutes, and other requirements of the OML for the telephone or virtual conference Board members and public must be able to hear Provide information in minutes 32 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY The “Initial” Notice (aka disclosure statement) A.R.S. § 38-432.02 Tells public where individual meeting notices will be posted (must include both physical and electronic locations). Must be posted on public body’s website Cities and Towns may use association of cities and towns website. Special districts may file it with the County Clerk. 33 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Notice of Meetings A.R.S. § 38-431.02(C) Provided at least 24 hours in advance of meeting To all members of the public body To the general public 24 hours may include Saturdays IF the public has access to the physical posting location. May not include Sundays or other legal holidays prescribed under A.R.S. § 1-301. Exceptions: Recess and resume Actual emergencies 34 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Contents of Notice The name of the public body Date, time and place Address and room number Details of telephone and/or virtual access, if applicable Must include an agenda OR inform the public how to obtain a copy of the agenda. 35 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Posting the Notice Must be posted in all locations identified in the initial notice (disclosure statement). This must be a location where the public has access. Must post it on website (see exception for special districts). Must give additional notice that is reasonable and practicable. 36 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY A few tips on posting notices: Make sure it can’t be removed Make sure front and back can be read Document when the notice/agenda was posted Need a regular, routine business practice Clerk marks time of posting with initials Date and time-stamp the exact time of posting 37 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Recess and Resume A public body may recess and resume a properly noticed meeting to a later time or date by making an announcement at the meeting what agenda items will be covered. 38 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Emergency Meetings A.R.S. § 38-431(D) and Agency Handbook section 7.7.9 In case of “actual emergency,” law permits the board to meet (including in executive session), discuss and decide matters with less than 24 hours notice. What constitutes an “actual emergency”? Due to unforeseen circumstances, immediate board action is necessary to avoid a serious consequence that would result from waiting until proper notice could be provided. 39 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Emergency Meeting Requirements Aside from the 24 hour notice requirement, all Open Meeting Law requirements still apply Provide notice as soon as possible Announce in public the reasons necessitating emergency action Include reasons in the meeting minutes Post a notice stating the emergency session occurred and providing the information required on a normal agenda within 24 hours after the meeting 40 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Social Events & Seminars Government may post a “courtesy agenda” announcing the event and explain that a quorum might be present. Identify date, time and purpose (location details will vary depending on the event) State that no business of the public body will be discussed and no legal action will be proposed or taken. Members must be scrupulous to avoid improper discussion 41 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY The Agenda A.R.S. § 38-431.02(H) Must list the specific matters to be: discussed, considered, or decided Must include information reasonably necessary to inform the public All discussion must be reasonably related to an adequately described agenda item. 42 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Common Agenda Problems Using language a regular person would not understand Legalese Acronyms (without first spelling it out) Agency slang Using general categories without details “New Business” “Old Business” “Personnel” 43 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Current Events A.R.S. § 38-431.02(K) 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 Provided that This is an agenda item and The public body does not propose, discuss, deliberate or take legal action. 44 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY If it’s not on or reasonably related to the agenda… You should not discuss it! New items must wait for a future meeting. 45 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Meeting Location Pitfalls Inaccessible A board member’s house Inaudible Not enough room Unreasonable times (very subjective) 46 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Public’s Rights Attend Listen Tape record Videotape 47 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Public has NO right to: Speak Disrupt Practical pointer: Make a good record of warnings! 48 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Calls to the Public A.R.S. § 38-431.01(H) Optional (unless required by other laws) Time, manner, place restrictions Can limit time (egg timer) Ban repetition May require speakers on the same side with no comments new comments to select spokesperson Prohibit disruptive behavior Town has unique restriction on discussing agenda items during a call to the public. 49 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Common Pitfalls of Calls to the Public If it’s not an agenda item, public body’s response is limited to: Direct staff to study the matter Ask that a matter be placed on a future agenda Response to criticism NOTE: These three responses must take place at the conclusion of the call to the public. 50 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Meeting Etiquette Asking for trouble: Passing notes, texting, emailing (even it it’s about when to order lunch) Whispering to fellow board members Quorum talking with individuals before the meeting officially starts or after the meeting officially ends Individual Council member casually chatting with an applicant in the meeting room just prior to a meeting 51 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Executive Sessions Public excluded Only permitted for specific matters A.R.S. § 38-431.03(A)(1) through (9) Must include possibility of executive session in the meeting notice and agenda Discussion is confidential Limited instruction permitted Must have minutes or recording. 52 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Executive Session Notice/Agenda Notice must include the statutory section authorizing the executive session Agenda must provide a general description of the matters to be discussed or considered Needs to be more than a statutory citation Should not contain information that would: Defeat the purpose of the executive session Compromise the legitimate privacy interests of a public officer, appointee, or employee Compromise the attorney-client privilege 53 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Who may attend Executive Sessions A.R.S. § 38-431(2) Members of the public body Attorney, if the ES is for legal advice Persons subject to a personnel discussion, if invited by the public body Individuals whose presence is reasonably necessary in order for the public body to carry out its executive session responsibilities, if invited by the public body Example: Clerk to take minutes/run tape 54 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Executive Session Pitfalls Inappropriate disclosure What happens in executive session stays in executive session! Chair (or attorney) must remind members about the confidentiality requirement every time A.R.S. § 38-431.03(C) Taking legal action. All votes must take place in public 55 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Personnel Matters May discuss and consider employment, assignment, appointment, promotion, demotion, dismissal, salaries, discipline or resignation. Regarding an officer, appointee or employee 56 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY More considerations regarding Personnel Matters If the matter is noticed for a possible executive session, separate written notice to the officer, appointee or employee at least 24 hours before the meeting. The employee may require that the meeting be held in public (does not include individual salary discussions). The employee does not have the right, but may be permitted by the body, to attend executive session. (Regardless, the employee has access to portion of executive session meeting minutes.) 57 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Common Questions Q: May personnel evaluations be conducted in executive session? A: Yes. See Ariz. Attorney General Opinion 196-012 _______ Q: May an applicant be interviewed in executive session? A: Yes, if the position is one appointed by the government. See Ariz. Attorney General Opinion 183-050. NOTE: Must formally vote for the appointment in public session. 58 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Confidential Information Discussion or consideration of records exempt by law from public inspection. Can receive and discuss information and testimony that state or federal law requires to be maintained as confidential. Discussion may occur in open session when confidential information is adequately safeguarded (i.e., use an initial for a medical patient). 59 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Legal Advice Discussion or consultation for legal advice with attorneys for the public body. Communication between lawyer and client. 60 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Other Possible Reasons for Executive Session Discuss and consult with attorneys to consider litigation, contract negotiations, and settlement. Can instruct attorney regarding public body’s position. Discussion or consultations with designated representatives regarding negotiations for the purchase, sale or lease of real property. Can instruct representatives about public body’s position. Discussion or consultation with designated representatives regarding negotiation with employee organizations about salary. Can instruct representatives regarding public body’s position. International, Interstate, and Tribal negotiations. [NEW] Discussion or consideration of matters relating to school safety operations or school safety plans or programs. [NEW} 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. 61 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Minutes A.R.S. § 38-431.01(B) Minutes OR recording required Tape recordings, if created or used to transcribe minutes, must be retained for at least three (3) months “[a]fter date of meeting and after minutes transcribed or summarized and approved.” 62 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Content of Public Meeting Minutes A.R.S. § 38-431.01(B) Date, time and place of meeting Members present and absent General description of all matters considered Accurate description of “all legal actions proposed, discussed or taken: A record of how each member voted Names of members who propose each motion Names of persons, as given, making statements or presenting material to the public body; and A reference to the legal action about which they made statements or presented material. 63 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Access to Public Meeting Minutes Minutes or a recording shall be open to public inspection 3 working days after the meeting. NOT AFTER APPROVAL 64 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Meeting Minutes: cities and towns A.R.S. § 38-431.01(E) Cities and towns with population of more than 2,500 shall: Post legal actions taken or any recording on its website within three (3) working days Post approved meeting minutes from city or town council meetings on its website within two (2) working days following approval. Posting must remain on website for one year 65 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Subcommittees and Advisory Committees ARS §§ 38-431(6), 38-431.01(B) and (E)(3) Subcommittees and advisory committees must: Take written minutes or record all meetings, including executive sessions. Within 10 working days of the meeting, subcommittee or advisory committee of a city or town with a population of 2,500 or more must: Post a statement describing any legal action or Post any recording of a public meeting 66 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Executive Session Meeting Minutes Shall have written minutes or a recording Burden of proof – Fisher case (“plaintiff, who is challenging an executive session under the Open Meeting Law, has filed a complaint [in court] alleging facts from which a reasonable inference may be drawn supporting an Open Meeting Law violation, the burden shifts to the defendant to prove that an affirmative defense or exemption should permit a closed door executive session.”) Shall include the following: Date, time and place of meeting Members present and absent General description of matters considered An accurate description of all instructions given Such other matters as deemed appropriate by the public body Shall be kept confidential (A.R.S. § 38-431.03(B)) 67 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Access to Executive Session Meeting Minutes Meeting minutes of executive session shall only be released to: Members of the public body Officers, appointees, or employees who were the subject of discussion or consideration (only that portion) Auditor general in connection with an audit County attorney or attorney general upon an investigation 68 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Circumvention Cannot use any device to circumvent the law. “Splintering the quorum”: Serial communications (verbal, written, electronic, etc.) Meeting with individual members and then reporting what others said with enough to constitute a quorum Polling the members 69 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Non-verbal Serial Communications Letters – series of letters from one member to the next would violate Open Meeting Law E-Mail – occurring at different times can under some circumstances constitute a “meeting” in violation of Open Meeting Law Simultaneity is not required for there to be a “meeting” 70 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Attorney General Opinion 105-004: Email Board members cannot use email to circumvent the Open Meeting Law Cannot use email among a quorum to: Propose legal action Discuss legal action Deliberate on legal action Take legal action 71 Electronic Communications Electronic communications are treated the same as any other form of communication between board members. Electronic communications exchanged among a quorum of the Board that involve discussion, deliberations, or taking legal action on matters that may come before the Board constitute a meeting and thus, violate the Open Meeting Law. 72 72 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY For example: You have a 5-member board One member sends a email to 2 other members and there is a response shared among all 3 You now have a discussion among three members (a quorum) Violation! 73 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Facts vs. Opinion? There is no distinction between discussing facts vs. discussing opinions among a quorum Deliberation = “collective acquisition and exchange of facts preliminary to a final decision” Therefore, 2-way discussion of facts (among quorum) regarding potential board business = violation 74 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Council members might consider: a statement on the internal email that provides: “To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other members of the Council. Members of the Council may reply to this message, but they should not send a copy of their reply to other members.” 75 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Staff Email Staff may send e-mail to council members Best practice: BCC council members Passive receipt of information from staff, without more, does not violate the open meeting law. Example: Council packets 76 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Prohibited 1-Way Communication A single board member may violate the OML if they propose legal action among a quorum outside a properly noticed meeting “Propose” means “to put forward for consideration, discussion, or adoption.” It only takes 1 person to propose legal action CANNOT propose legal actions outside of a noticed meeting 77 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Proposing an Agenda item? Proposing an item for the agenda does not propose legal action “without more” Be cautions: Communicate the TOPIC only Do NOT communicate the legal action you want the Board to take 78 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY “Propose” examples: “We should discuss safety at First and Main.” (does NOT propose legal action) “We should install a crosswalk at First and Main.” (DOES propose legal action) It’s more than the topic for the agenda because it urges or suggests an outcome. 79 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY More examples: “I think we should consider firing Joe Blow at our next meeting.” -vs- “I would like to discuss Joe Blow’s performance at our next meeting.” 80 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Staff & Other Persons Cannot knowingly direct staff to communicate in violation of the open meeting law. A.R.S. § 38-431.01(l) Sanctions may be imposed upon any person who knowingly aids, agrees to aid or attempts to aid another person in violating this article. A.R.S. § 38-431.07(A). 81 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Communications with the Public Members may express opinions and discuss issues with the public at a venue other than a public meeting, personally, through the media or other public broadcast, so long as it is not intended to circumvent the open meeting law. 82 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY What does that mean? Discussion or opinion must not be principally directed at or directly given to other council members There is no plan to engage in collective deliberation to take legal action Speaking at a public forum or to the media about upcoming actions is not an OML violation A.R.S. § 38-431.09(B) Attorney General Opinion I07-013 83 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY When in Doubt… RESOLVE ALL DOUBTS IN FAVOR OF OPENNESS! A.R.S. § 38-431.09. Legal action taken during a meeting in violation of any provision of the open meeting law may be null and void unless ratified. 84 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY What to do when you learn that a potential open meeting law violation has occurred. If in the thick of things = Recess/Assess Can you resolve the issue and continue? Does the particular open meeting law violation taint your whole meeting? No—only the specific item. AG Opinion I08-001. 85 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY After the meeting… Determine if you need to ratify any actions Provide refresher training to staff involved If you receive a complaint: Be candid, respond promptly Provide materials that help you: Minutes, ratification materials, videotapes, etc. 86 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Ratification – A.R.S. § 38-431.05 Within 30 days after discovery of the violation or when it should have been discovered with reasonable diligence Tanque Verde Unified School Dist. V. Bernini, 206 Ariz. 200, 76 P.3d 874 (App. 2003) (30 days after court ruling OK) 87 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Ratification continued… Notice 72 hours before the meeting. Includes: Description of action to be ratified Clear statement that the body proposes to ratify a prior action Information on how to obtain detailed written description of the action Written description must also be available 72 hours in advance. Must include: Action to be ratified All of the preceding deliberations, consultations and decisions that preceded and re related to the action Must be included in minutes of ratification meeting 88 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Penalties – A.R.S. §38-431.07(A) Individual members who violate and any persons who aid, attempt, or agree to aid – must be “knowingly” Civil penalty (paid by individual) up to $500 second violation. Up to $2,500 penalty for third violation onward. Such equitable relief as the court deems appropriate Reasonable attorney fees Public body may not pay or reimburse for penalty imposed on individual. Only AG can commence suit against individual. If person who is otherwise liable “objected to the action of the public body and the objection is noted on a public record, the court may choose not to impose civil penalty on that person.” 89 60 YEARS SERVING OUR CLIENTS ANDOUR COMMUNITY Penalties – A.R.S. § 38-431.07(A) If “knowingly” violated “with the intent to deprive the public of information”, Court may remove public officer from office and May charge officer and any person that aided, agreed to aid, or attempted to aid, all the costs and attorney fees. 90 Questions? 27x7321.02 91 92