A. When to challenge.

Arizona’s OML allows legal challenges both before a violation will occur and after a violation has occurred.

Before violation:

A person may bring an action “for the purposes of requiring compliance with, or the prevention of violations of, [the OML] . . . or to determine the applicability of [the OML] to matters or legal actions of the public body.”  A.R.S. § 38-431.07(A).

A person also may seek a writ of mandamus ordering future compliance with the OML if potential violations seem likely.  A.R.S. § 38-431.04.  This is now done through a procedure known as a statutory special action.  See Arizona Rules of Procedure for Special Actions.

After violation: A.R.S. § 38-431.07(A) provides for actions against public bodies and their members who have violated the OML.