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2007 Arizona Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagaz0031 and id is 1 raw text is: STATE OF ARIZONA
OFFICE OF THE ATTORNEY GENERAL
ATTORNEY GENERAL OPINION                         No. 107-001
(R06-037)
by
Re: Application of Open Meeting Laws to
TERRY GODDARD                      Board of Trustees created under
ATTORNEY GENERAL                          A.R.S. § 11-952.01.
January 29, 2007
To:   Kathryn A. Munro, Esq.
Mangum, Wall, Stoops & Warden, P.L.L.C.
Ouestion Presented
Does the Open Meeting Law (Arizona Revised Statutes (A.R.S.) §§ 38-431 to -431.09)
apply to the Board of Trustees (the Board) appointed by the multimember governing bodies of
various political subdivisions to administer the Northern Arizona Public Employees Benefit
Trust (NAPEBT) formed under A.R.S. § 11-952.01(C)?
Summary Answer
Yes. The Board of Trustees appointed by the political subdivisions under A.R.S. § 11-
952.01 constitutes a public body under A.R.S. § 38-431(6). In administering an employee
benefits program on behalf of the political subdivisions that created it, the Board constitutes an
instrumentality of those political subdivisions. Moreover, one or more of the participating
political subdivisions appoints each trustee on the Board. Therefore, the Board falls within the