J. Litigation; pending litigation or other attorney-client privileges.

Any “[d]iscussion or consultation for legal advice with the attorney or attorneys of the public body” can be done in closed executive session. A.R.S. §  38-431.03(A)(3); cf. Fisher, 185 Ariz. at 124, 912 P.2d at 1353 (cautioning that permitting “public bodies to delegate responsibilities to attorneys and then cloak negotiations and executive sessions in secrecy” would frustrate the OML).

Any “[d]iscussion or consultation with the attorneys of the public body in order to consider its position and instruct 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” may be conducted in closed executive session.  A.R.S. § 38-431.03(A)(4).

But “[a] public vote shall be taken before any legal action binds the public body.” A.R.S. § 38-431.03(D).  In addition, “all legal actions [must] be preceded . . . by disclosure of that amount of information sufficient to apprise the public in attendance of the basic subject matter of the action so that the public may scrutinize the action taken during the meeting.”  Karol, 122 Ariz. at 98, 593 P.2d at 652.