Esquivel may not be right about all of this being "legal". APS established "past practice" when they started posting the minutes (albeit, hit and miss) I found this after a very brief search.

“Past practice may be described as a pattern of conduct which
has existed over an extended period of time and which has been
known to the parties and has not been objected to.”

… in order for a post practice to rise
to the level of a binding past practice, one ordinarily would expect it to be clear,
consistently followed, followed over a long period of time and to have been mutually
accepted by the parties.

FYI APS violated the OMA as recently as yesterday, when they approved minutes that were a month old. The OMA required that the minutes be approved the "next meeting" which was two weeks ago.
ched macquigg | Homepage | 06.27.09 - 6:36 am | #