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HomeMy WebLinkAbout2012 11.07 PRC Agenda 1 City of Apache Junction Home of the Superstition Mountains Parks and Recreation Department located at the Northeast corner of Superstition Blvd. &Idaho Road Apache Junction Parks & Recreation Commission City Council Chambers 300 E Superstition Blvd. Apache Junction, Az. 85219 Regular Meeting November 7, 2012 6 00 p.m A CALL TO ORDER B. ROLL CALL C PLEDGE OF ALLEGIANCE D ACCEPTANCE OF AGENDA E. ACCEPTANCE OF MINUTES October 1, 2012 Special Meeting F. PARKS AND RECREATION DIRECTORS REPORT - The Director or those individuals designated by the Director may present information pertinent to items under consideration or information related to the operation of the department G. OLD BUSINESS: 1. Presentation, discussion and possible action relating to modifying the Park Naming Policy H NEW BUSINESS 1 Presentation, discussion and possible action relating to Brownsfield Grant application and letter of support . 2 . Request by the Commission for placement of items on future agenda 3 . Selection of next meeting date. I . CALL TO PUBLIC Arizona Open Meeting Law allows individuals to address Commission on any issue within the jurisdiction of the Commission. Commission may not answer your questions or discuss your comments at this time However, at the conclusion of Call to the Public, Commission may do any of the following: 1) respond to criticism made by any individual who addresses the Commission, 2) ask staff to review a matter, 3) ask staff to place the matter on a future agenda. Commission shall not discuss or take legal action on matters raised at Call to the 300 E SUPERSTITON BLVD, APACHE JUNCTION, AZ 85119 (480)983-2181 Voice * FAX(480)982-2438 *TDD(480)983-0095 * www ajcity.net Public unless the matters have been properly noticed for discussion and legal action. Please stand, approach the podium microphone and state your name and address after being called to speak There is a three (3) minute time limit per speaker J. ADJOURNMENT If any disabled person needs any type of accommodation, please notify Human Resources at (480) 474-2617 or (480) 983-0065 (TDD) at least 72 hours prior to the scheduled time. Business hours are Monday through Thursday 7am to 6pm 300 E. SUPERSTITON BLVD, APACHE JUNCTION, AZ 85119 (480)983-2181 Voice * FAX(480)982-2438 *TDD(480)983-0095 * www ajcity net DRAFT PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY PURPOSE: The purpose of this policy is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities. OBJECTIVES• Ensure that parks, recreational areas and facilities are easily identified and located. Ensure that names and dedications are consistent with the value and character of the area or neighborhood served Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities Encourage the dedication of lands, facilities, or donations by individuals and/or groups. DEFINITION• Parks, recreation areas and facilities—means and includes all city parks, trails, swimming pools, buildings, playgrounds, skate parks and/or any other public property under management and control of the Parks and Recreation Department, owned or leased by the city for the public benefit. RESPONSIBILITY. It is the responsibility of the Parks and Recreation Director to ensure the parks, recreation areas and facilities naming and dedication process takes place in compliance with the intent of this policy. NAMING CRITERIA. The policy of the Parks and Recreation Department is to name parks, recreation areas and facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography and the environment Naming may also be based on a financial contribution made by an individual,family or group. 1. Acceptable criteria for names of parks, recreation areas and facilities are as follows A The proposed name describes the geographical area where the facility is located B The proposed name describes something specifically unique to the Apache Junction area (flora, fauna,geology, historical or cultural descriptive terminology). C The proposed name acknowledges significant financial support received from individuals or groups that pays for or donates park land, donates an amount that would provide for 51% or more of the parks development, and/or donates an amount that would cover the on- going operating and maintenance needs of the park The value of volunteer time does not apply to this criterion 2. Parks, recreation areas and facilities should be named prior to the beginning of the design for development so that the area takes on an early identification and allows for proper tracking during development. 3. The naming of a parks, recreation areas and facilities may be done in conjunction with the community or neighborhood that will be served This may be accomplished through various means as determined by staff and may include naming contest or recommendations made by recognized community groups 4 Although not encouraged, names may be changed if properly justified and approved by the Parks and Recreation Commission and City Council. DEDICATION CRITERIA.The policy of the Parks and Recreation Department is to utilize a dedication program to recognize and honor individuals or groups contributing to the park system but not qualifying under the naming criteria. Parks, recreation areas, facilities or portions thereof, may be dedicated in memory, or honor of, individuals or groups by the placement of a dedication or memorial plaque that describes the contribution The plaque must be made of quality material, rated for outdoor use and shall be no larger than 8" x 10" for minor amenities and 28"x 32"for major amenities. 1 Acceptable criteria for dedications of parks, recreation areas and facilities are as follows A Dedications are encouraged to be in the form of facility improvements or enhancements B Dedications may be in recognition of outstanding service, substantial donations or significant contribution to the facility or Parks and Recreation Department. C. Dedications may be in memory of deceased individuals who have significantly contributed to the facility or Parks and Recreation Department D. Individuals or groups sponsoring(nominating) a dedication must provide sufficient funds to purchase and install the dedication or memorial plaque.The City will make every effort to maintain and preserve installed plaques but will not be responsible to replace and/or repair damaged or stolen ones E. Dedications of minor amenities(trees, benches, etc ) shall be handled administratively by the Parks and Recreation Department Dedications of major amenities(buildings, sports fields, etc ) shall be approved by the Parks and Recreation Commission and City Council The wording, placement and/or mounting of plaque is subject to approval by the Parks and Recreation Department. PROCEDURE The procedure for naming/dedicating parks, recreation areas and facilities is as follows: 1 Public initiated request to name or dedicate a park, recreation area or facility shall be submitted in writing to the Parks and Recreation Director. 2 Those submitting a naming/dedication request shall show how the proposed name/dedication is consistent with the criteria stated in this policy. When naming/dedicating after a person,the request must describe the contributions to the facility or Parks and Recreation Department. Written documentation of approval by next of kin (if available) is required as part of the proposal City staff will review the proposal for adherence to stated criteria and authentication of statements of contributions before forwarding to the Parks and Recreation Commission 3 The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming/dedication 4 The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 5. The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the naming/dedication process whenever deemed necessary and/or in the best interest of the City 6 In the absence of any naming/dedication request, the Parks and Recreation Commission shall adhere to criteria stated in this policy in recommendation of name/dedication D SATURDAY, DECEMBER 4TH OLD WEST HIGHWAY IN FRONT OF FRY'S GROCERY STORE EWLET ,iriv. r."---- 1F A 11,44 , P o :4 ,trl �l . PROGRAM & LIGHT PARADE Santa Claus �_ .:.� __ Live Entertainment MA i /r s rye EE r' s NITER wfluNARIUTHon Petting Zoo ., 110T. 12:0o m :,:4 9:00 am - p trio, Local non-profit groups, get your members & supporters together to walk the Old West Highway loop. Bounce Houses CASH Prizes for the group with the most laps. Rock Wall i2:11" � 4 ^ �pii174Ai Game Truck 3:00 pm - 6:00 pm Nonprofit and Join us for this one of a kind FREE event for the whole family! We have something for everyone-20 tons of snow, a petting zoo, Local vendor booths Santa, games, bounce house & rock wall for the kids. There will be a car show and vendor booths for the whole family. Car Show i „ 14T" ANNUAL HOLIDAY Ldrrw' hLici ..17-)tit)det , Gingerbread House 9 4 MakingContest 7:00 PM All houses must be submitted Calling all individuals, businesses, non-profit by 5:00 pm agencies and groups. All are encouraged to help �4 celebrate the holidays by entering our light parade. 1 r Pre Registration required Tree Lighting (Parade route will be on Apache Trail between Phelps Dr. and Thunderbird) @ 6:30 pm Thanks to Event Supporters: %°° � 4fs, � Apache Junction Main Street and 141 i;��, Superstition Mountain Promotional Corporation s FOR MORE INFORMATION PLEASE CONTACT `04 ,Ra s a AJ PARKS & REC. @ 480-983-2181 /07 tJunction C� y •f Apache ./tome of the Superstition .Mountains Parks and Wecreation Department Located at the Northeast corner of Superstition ctvd. e Idaho Road November 7,2012 Mr Matthew Busby Assistant to the City Manager City of Apache Junction 300 East Superstition Boulevard Apache Junction,Arizona 85119 Dear Matt, The Apache Junction Parks and Recreation Commission supports the City's Brownfields grant application as part of the community's effort to make Apache Junction the"happiest and healthiest"community in Anzonai As background,the Parks and Recreation Commission is responsible for making recommendations to the City Council regarding policies, procedures,regulations,future plans,and programs The benefits of our programs are endless' Our programs put smiles on faces, rejuvenate citizens,teach new skills,help citizens get off the couch and into the great outdoors,help family members to bond,and help citizens to feel content and at peace We think this grant will help us do all of those things By identifying sites possibly contaminated by petroleum or other hazardous materials,the City's economic development efforts will be supported The assessment of sites will help to make the sale of these sites feasible In turn,the businesses that will be established on these sites will add to the tax base of Apache Junction thereby providing revenue to help the Parks and Recreation Department to provide quality services for the citizens of our community Apache Junction is surrounded by 1,700 acres of open space The land has developed into a multi-use trail for the residents and guests of our community.Walkers,mountain bike riders,artists,and horseback riders enjoy the incredible views of the adjacent Superstition Mountains. Unfortunately, prior to fencing the property,there had been a fair amount of illegal dumping on the land Old cars,dilapidated mobile homes,oil, and construction waste are some of the items that we know have been dumped on these acres.The City is not sure what hazardous or petroleum materials might have been dumped This Brownfields grant will assist the City in ensuring that the open space and multi-use trail that is enjoyed by so many people is a safe environment To support this project if funded,the Commission pledges to provide a member to the citizen's advisory committee,receive updates on the project, and talk to other citizens about the benefits of the project Thank you Sincerely, Theresa Nesser Chair 480-982-1403 truehart4@yahoo.com 300 E. SUPERSTITON BLVD, APACHE JUNCTION,AZ 85119 (480)983-2181 Voice * (480)982-2438 Fax *(480)983-0095 TDD * www ajcity net vit 1 )i' CONFLICT OF INTEREST LAW I. PURPOSE The purpose of Arizona's conflict of interest law is to prevent self-dealing by public officials and public employees. The financial interests of public officials or employees must not conflict with the unbiased performance of their public duties. One cannot serve two masters with conflicting interests. See Maucher v. City of Eloy, 145 Ariz. 335, 701 P.2d (1985). In addition, the object of the conflict of interest statute is to remove or limit the possibility of personal influence which might bear upon an official's decision. See Yetman v Naumana, 16 Ariz. App. 314, 317 492 P.2d 1252, 1255 (1972). II. SUBSTANTIAL INTEREST CONFLICT GENERAL RULE (A.R.S. § 38-503(A)): A public official or employee who has or whose relative has a substantial interest in a public body's decision, contract, sale, purchase or service, shall make known the substantial interest in the official records of the public agency and shall not participate in or influence, the decision, vote, contract, sale, purchase or service. III. THE "CITY PROVIDER" CONFLICT GENERAL RULE (A.R.S. § 38-503(C)(1)): A conflict of interest exists any time a public officer or employee supplies goods or services to their public entity, not pursuant to public competitive bidding. EXCEPTION (A.R.S. § 38-503(C)(2)): An exception to this rule exists if the goods or services are valued at less than $300 for a single transaction, with a maximum aggregate for all transactions of$1,000 annually. IV. THE SELF-DEALING CONFLICT GENERAL RULE (A.R.S. §§ 38-504 and 38-505): A public officer or employee shall not: 1) Represent another person for compensation before a public agency during their tenure, or within 12 months -1- afterwards, concerning any matter in which they were directly involved or concerned. 2) Disclose or use for personal profit, during or within 2 years after leaving office, confidential information that they became aware of while a public officer or employee. 3) Use or attempt to use their official position to secure any valuable thing or benefit from that which would not normally accrue to them in the performance of their official duties, the benefit being of such a character as to manifest a substantial or improper influence upon them with respect to their duties (i.e. benefiting donor rather than the public good). 4) Receive or agree to receive, directly or indirectly, any additional compensation for any service in connection with any matter pending before them. V. WHY SHOULD ANYBODY CARE? Potential consequences for violating the law include: A. Criminal penalties for knowingly or intentionally violating the law, a Class 6 felony punishable by prison time and a maximum fine of $150,000, and a possible negligent or reckless violation, which is a Class 1 misdemeanor punishable by a maximum of 6 months jail, a fine of$2,500 plus penalties and assessments, 3 years probation, and other orders deemed appropriate by the court B. Forfeiture of public office or public employment, contract cancellation and assessed attorney fees and costs C. Private citizen lawsuits alleging violation of civil rights VI. REMOTE INTEREST EXCEPTIONS (A.R.S. § 38-502): The following are considered remote interests, and would not prohibit the public official/relative/employee from being involved in the decision, contract, purchase, sale or service: 1) Non-salaried employees of a nonprofit organization 2) Landlord/tenants of a contracting party 3) Attorneys of a contracting party 4) Nonprofit cooperative marketing associations -2- i { 5) Insignificant stock ownerships (3% or less of total shares, with income less than 5% of total dividends and other payments from the corporation are less than 5% of the total annual income from the corporation) 6) Reimbursement of expenses 7) Recipients of public services generally available to others 8) Interests of other agencies 9) Public school board members when relatives are not a dependent or spouse 10) Class interests (if member of trade, business, profession or other class of persons consisting of at least 10 or more members with which no greater interest than that of other class members) VII. WHAT SHOULD THE PUBLIC OFFICER DO IF HE OR SHE BELIEVES A CONFLICT OF INTEREST EXISTS? A. OBTAIN A WRITTEN OPINION FROM THE CITY ATTORNEY No public officer is personally liable for acts done in their official capacity if good faith reliance on written opinions of the attorney of the city or town for which the public official or employee serves is employed. (A.R.S. § 38-446). B. DISCLOSE AND WITHDRAW Once the conflict has been determined to exist, the public officer shall: 1) declare such conflict publicly; 2) leave the room and not vote on the decision nor influence other decision makers on the vote and shall not be a party to the contract, sale, purchase or service which is at issue. VIII. CANCELLATION OF CONTRACTS (A.R.S. § 38-511): The City or any of its departments or agencies may cancel within three years after execution any contract without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract or any extension thereof, is an employer or agent of any party to the contract in any capacity or a is consultant to any party of the -3- i contract with respect to the subject matter of the contract. In addition, any fees or commissions incurred may be recouped. IV. DEFINITIONS: A. Compensation: money, any tangible thing of value, or a financial benefit. B. Employee: any person employed by an incorporated city or town, a political subdivision of the state or any of its departments, boards, commissions, or agencies, whether full-time, part-time, contracted, or who otherwise agrees to some compensation in exchange for performing some function for the government. C. Make known: 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. D. Official records: the minutes or papers, records or documents maintained by a public agency for the specific purpose of receiving disclosures of substantial interests. E. Pecuniary Interest: an interest by which a person will gain or lose something, as contrasted to general sympathy or bias. F. Public Agency: all courts, departments, agencies, boards, commissions, institutions, instrumentality or legislative or administrative body of the state, county, an incorporated city, town or any other political subdivisions. G. Public Officer: any elected and appointed individual of a public agency established by charter, ordinance, resolution, state constitution or statute; any member of an advisory commission, board, council or committee. H. Relative: any individual within two degrees of kinship, including spouse, child, child's child, parent, grandparent, brother or sister of whole or half blood and their spouses, and the parent, brother, sister or child of a spouse. -4- OPEN MEETING LAW PUBLIC POLICY The purpose of the open meeting law is to open the conduct of the business of government to the scrutiny of the public and to ban decisions made in secret. See Karol v. Board of Education Trustees, 122 Ariz. 95, 593 P.2d 649 (1979). All meetings of a public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action shall occur in public. (A.R.S. § 38-431.01). Notices and agendas for such meetings shall contain information as is reasonably necessary to inform the public of the matters which are being discussed or decided. (A.R.S. § 38-431.09). II. WHY SHOULD ANYBODY CARE? Potential consequences for violating the law include: A. Nullification of action taken B. Enforcement actions by Attorney General/County Attorney C. Personal civil penalty in the amount of$500 per violation D. Personal liability for attorney fees for intentional violations E. State-mandated removal from public office F. Recalls G. Embarrassment to City/elected officials/staff III. WHEN DOES THE OPEN MEETING LAW APPLY? The open meeting law applies to meetings relating to any legal action of a public body, including those discussed during executive sessions. IV. DEFINITIONS (A.R.S. § 38-431) A. "Executive Session": 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 A.R.S. § 38-431.03. -1- B. Legal Action: 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 the state. (A.R.S. § 38-431(3)). C. Meeting: the gathering, in person or through technological devices, of a quorum of members of a public body at which they discuss, propose, or take legal action. (A.R.S. § 38-431(4)). E-mail, voicemail, telephone communications between members of the public body cannot be used to circumvent the Open Meeting Law. Ariz. Atty. Gen. Opinion No. I05-004. (CAVEAT: It is not a violation of the law if a member of a public body expresses an opinion or discusses an issue with the public either at a venue other than a meeting that is subject to Title 38, 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; and 2) there is no concerted plan to engage in collective deliberation to take legal action. (A.R.S. § 38-431.09)). D. Public Body: the legislature; political subdivisions including counties, schools and special districts, cities and towns, and all boards and commissions of these entities; all quasi-judicial bodies, advisory committees and subcommittees. V. NOTICE, AGENDA AND MINUTES A. NOTICE General Rule: Notice of a meeting to the public must be posted on the City's internet website and in hard copies in designated locations at least 24 hours in advance, stating the name of the public body, the date, time and place of the meeting. Notice of the meeting to the members of the public body is also required. EXCEPTIONS: 1. Emergency Meetings (less than 24 hours is permitted, except in a personnel matter, which still requires a minimum of 24 hour notice). An "emergency" exists when, due to unforeseen circumstances, immediate action is necessary to avoid some -2- serious consequence that would result from waiting until the required notice could be given. 2. Ratification of the public body action (must post notice of ratification of a prior action taken in violation of open meeting law at least 72 hours in advance of meeting). 3. Recessed Meetings (less than 24 hours notice is permitted for a meeting, which will be recessed to a later date as long as the first meeting was properly noticed). (A.R.S. § 38-431.02(E)). B. AGENDAS 1. General Rule: In addition to the time, date, and place of the meeting set forth on the notice, the agenda must contain such information as is reasonably necessary to inform the public of the matters to be discussed or decided. (A R.S. § 38-431.09). 2. Order of Agenda: As long as each item to be discussed is specifically described, the public body may dictate in which order each item is to be considered, which may include. executive sessions, the consent agenda, awards, presentations, and communications, city manager's or director's report, public hearings, old and new business, direction to staff, selection of times, locations, and meetings, information and reports, and call to the public. 3. Call to the Public: Individuals may address the public body on any issue within the jurisdiction of the public body. Should the item or comment not be within the jurisdiction of the public body, the chair may rule the speaker out of order and may order the speaker to stop speaking or be removed from the meeting should the speaker disregard the chair's ruling on jurisdiction. While members of the public body may not answer questions or discuss comments during Call to the Public, the public body may do any of the following: a)respond to criticism made by any individual who addressed the public body b)ask staff to review the matter c) ask staff to place to matter on a future agenda -3- The public body shall not discuss or take legal action on matters raised at Call to the Public unless the matters have been properly noticed for discussion and legal action. (A.R.S. § 38-431.01(H)). There is a three (3) minute time limit per speaker at Call to the Public at City Council and Planning and Zoning Commission Meetings. (A.J.C.C. § 2-4-6 (G)). C. MINUTES 1. General Rule. Public bodies shall provide for the taking of written minutes or a recording of all their meetings. Minutes shall include: i) date, time, place of meeting; ii) present or absent notation of members of a public body; iii) a general description of the items considered; and iv) adequate description of all legal actions proposed, discussed or taken and the names of the members who propose each motion, and the names of the persons making statements or presenting material to the public body and a reference to the legal action about which they made statements on presented materials. 2. Public Inspection. The minutes or recording of a Council meeting shall be available for public inspection, three working days after the meeting, and a statement of legal action taken at the meeting shall be posted on the City's internet website within three working days after the meeting (ten working days for Board and Commission meetings). Within two working days following an approval of the minutes, the City must post approved minutes of its Council meetings on its internet website. VI. EXECUTIVE SESSIONS A. ARE ONLY FOR: 1. Legal advice 2. Pending or contemplated litigation, including discussions involving contract negotiations and settlements 3. Confidential records 4. Personnel matters including employment, assignment, appointment, promotion, demotion, dismissal, salaries, discipline, resignation -4- 5. Discussions and consultations with employee unions and Indian Tribes, and those relating to international and interstate negotiations 6. Negotiations on the sale, purchase, or lease of real property B. LEGAL ACTION, AGENDAS, MINUTES, AND CONFIDENTIALITY 1. Final Legal Action: During the executive session, the public body may only discuss, consider and direct its attorney to take legal action. However, the public body must convene in public to vote for binding the public entity on the directed legal action. 2. Agendas and Minutes: The agenda for an executive session must provide more than just a recital of the statutory provisions authorizing the executive session. However, it 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. The minutes of executive sessions must reflect an accurate description of all instruction given during the executive session to attorneys or labor and real estate representatives regarding the public body's position. (A.R.S. § 38-431.01(C)). 3. Confidentiality: Minutes and all discussions in executive sessions may not be disclosed, except to the following persons: a) any member of the public body that met in the executive session as well as members who did not attend, unless their absence was due to a declared conflict of interest b) any officer, appointee, or employee who was the subject of discussion -5- c) staff personnel, to the extent necessary for them to prepare and maintain the minutes of the executive session d) the attorney for the public body, to the extent necessary for the attorney to represent the public body e) the Auditor General involved in an audit of the public body f) the Attorney General or County Attorney if requested during an official investigation 4. Who may attend: Only those individuals whose presence is reasonably necessary in the opinion of the City Attorney in order for the public body to carry out its executive session responsibilities. -6- PUBLIC RECORDS LAW ARIZONA'S POLICY OF PUBLIC DISCLOSURE (A.R.S. § 39-121) Public records and other matters in the custody of any public officer shall be open to inspection for any person at all times during business hours. See Carlson v. Pima County, 141 Ariz. 487, 491, 687 P.2d 1242, 1246 (1984). The law serves to open government activity to public scrutiny. Griffis v. Papal County, 215 Ariz. 1, 4 ¶ 11, 156 P.3d 418, 421 (2007). The core purpose of the law is to allow public access to official records and other governmental information so that the public may monitor the performance of government officials and their employees. Id. II. DEFINITION OF A PUBLIC RECORD A. CASE LAW The Arizona Supreme Court has defined the term "public record" as follows. (1) a record made by a public office in pursuance of a duty, the immediate purpose of which is to disseminate information to the public, or to serve as a memorial of the official transactions for public reference; or (2) a record the law requires to be kept, or necessary to be kept in the discharge of a duty imposed by law or directed by law to serve as a memorial and evidence of something said or done; or (3) a written record of transactions of a public officer in his office, which is a convenient and appropriate method of discharging his duties and is kept by him whether required by law or not. Mathews v. Pyle, 75 Ariz. 76, 251 P.2d 893 (1952). B. ARIZONA STATUTES The Public Records Act ("PRA") under A.R.S. §§ 39-121 et seq. does not define the term "public record". However, through case law interpretation, public records under A.R.S. § 41-3150 include: all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media, including electronic computer metadata, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or -1- appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained therein. The PRA requires public entities and officers to maintain all records, including those defined in A.R.S. § 41-1350, reasonably necessary and appropriate to maintain an accurate knowledge of their official activities and any activities supported by monies of the State or any of its political subdivisions such as counties, cities and towns. The PRA also requires public officers to disclose "other matters," including documents held by a public officer in his or her official capacity and in which the public's interest in disclosure outweighs the governmental interest in confidentiality. Salt River Pima-Maricopa Indian Community v Rogers, 168 Ariz. 531,539,815 P.2d 900, 908 (1991). C. EXCEPTIONS: The open access requirement is subject to: 1) statutory (confidential) exclusions; and 2) a government official's discretion to deny or restrict such access where recognition of the interests of privacy, confidentiality or best interests of the state in carrying out its legitimate activities outweigh the general policy of open access. See Carlson v. Pima County, 141 Ariz. 487, 490, 687 P.2d 1242, 1245 (1984). Examples of things that do not need to be disclosed include private information such as dates of birth, social security numbers, addresses, phone numbers, and medical information. III. WHO CAN OBTAIN PUBLIC RECORDS? Any person may request examination of public records or copies, printouts or photographs thereof during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person. (A.R.S. § 39-121.01(D)(1)) IV. PUBLIC ENTITIES CAN CHARGE A FEE A. GENERAL RULE (A.R.S. § 39-121.01(D)(1)): The custodian may require any person requesting a copy of any public record to pay in advance for any copying and postage charges. -2- B. FOR NON-COMMERCIAL USE: A person requesting copies, printouts, or photographs of public records for a non-commercial purpose may be charged a fee for the records in advance. An agency may charge a fee it deems appropriate for copying records, including a reasonable amount for the cost of time, equipment, and personnel used in producing copies of records, but not for costs of searching for the records. However, a victim of a crime cannot be charged for copies of police reports under A.R.S. § 39- 127. C. FOR COMMERCIAL USE: Persons requesting reproductions for a commercial purpose as defined under A.R.S. § 39-121.03(A) must provide a statement setting forth the commercial purpose for which the records are requested. As with non-commercial requests, the determination of the fee to be charged is made by the public body. The City can obtain an exemption from the Governor not to release records if it feels disclosure of the records is not in the best interest of the public. V. WHY SHOULD ANYBODY CARE? A person who is denied access to public records could have a cause of action against the officer or public body for any damages resulting from the denial and may appeal the denial through a special action in the superior court. The court may award attorney fees and other legal costs that are reasonably incurred if the person seeking public records has substantially prevailed and such person has shown refusal to disclose or produce the records was done in bad faith. (A.R.S. § 39-121.02). To preempt such a result, the City can request a hearing before a judge who can review the documents in camera and can then decide what is appropriate to release or what to redact. VI. MISCELLANEOUS CASE LAW Offense reports of jail inmates are public records Carlson v. Pima County, 141 Ariz. 487, 687 P.2d 1242 (1984) Names and résumés of applicants in a pool for a public position are not public records, but names and résumés of final candidates for a public position are public records. Board of Regents v. Phoenix Newspapers, Inc., 167 Ariz. 254, 806 P.2d 348 (1991). -3- Autopsy reports prepared by county medical examiners are public records and cannot be withheld for privacy considerations. Star Publishing Company v Parks, 178 Ariz. 604, 875 P.2d 837 (Div. I 1993)(review denied July 6, 1994). The PRA does not contain sweeping exemptions for police reports in active, ongoing criminal prosecution, although a balancing scheme might, in particular and in exceptional cases, lead to an exemption of records from disclosure. Cox Arizona Publishing Inc v Collins, 175 Ariz. 11, 852 P.2d 1194 (1993). Teachers had confidentiality or privacy interest in their birth dates even though the birth dates were available from other public sources. The Court held the public interest in disclosure to enable a broadcasting company and reporter to run criminal background checks on teachers was, at best, speculative, and therefore upheld the nondisclosure. Scottsdale Unified School District No. 48 v KPNX Broadcasting Co., 191 Ariz. 297, 955 P.2d 534 (1998). The City of Mesa Police Department was not required to release an audiotape of a 911 call, in which an injured child was heard crying and whimpering, to a television station. A transcript was released instead, which on balance preserved the child's privacy. AHBelo Corp. v. Mesa Police Department, 202 Ariz. 184, 42 P.3d 615 (Div I 2002). E-mails generated or maintained on a government-owned computer system are not automatically public records as there are privacy issues to be considered. Grams v. Pinal County, 215 Ariz. 1, 156 P.3d 418 (2007). The electronic version of a computer-based record, including any embedded metadata, is subject to disclosure under public records law. Lake v. City of Phoenix, 222 Ariz. 547, 218 P.3d 1004 (2009). -4-