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The Nogales mayor and five City Council members should each pay a $250 penalty and be monitored for a year to make sure they conduct the public's business in public, the Arizona Attorney General's Office proposed Wednesday.

The six officials violated the Open Meeting Law earlier this year in a series of private discussions about whom to appoint to the three positions of mayor, city manager and council member, state attorneys concluded.

A complaint filed in April by then-City Attorney Jan Smith-Florez prompted the investigation by the state's Open Meeting Law Enforcement Team. The council later fired Smith-Florez.

Mayor Octavio Garcia-Von Borstel denied any wrongdoing and said council members will consult with legal counsel before deciding what to do next.

"We moved in the best interests of the city to put in place a mayor that was desperately needed" and to fill the other positions, he said Wednesday. "I don't believe we violated the Open Meeting Law."

A majority of council members voted to remove Smith-Florez as city attorney because they were "not satisfied with her work." That had nothing to do with the alleged meeting violation, the mayor said.

The events began when Mayor Ignacio Barraza died suddenly in November at age 38.

His seat and the city manager's position remained vacant on March 28 when council members John Jackson, Armando Lopez and Jose Luis Padilla signed a memo that included a suggested motion to appoint Garcia-Von Borstel as mayor, Jaime Fontes as city manager and Ramon Felix to the council, state officials found.

A similar letter dated April 1 was signed by Jackson, Lopez, Padilla and Garcia-Von Borstel. Council members Nubar Hanessian and Arturo Garino did not sign the letters but took part in discussions with other council members that led to the letters, the state concluded.

In a letter Wednesday to the city's attorneys, Assistant Attorney General Elizabeth A. Campbell alleged those six violated the law by splintering the quorum and having serial discussions with a majority of the council instead of meeting in public where citizens can listen to the deliberations and proceedings.

Since the council properly ratified the appointments on April 11, none of its actions is void. To ensure future compliance, Campbell proposed:

● At the next regularly scheduled meeting, include on the agenda the item "Nogales City Council Open Meeting Law Investigation Findings, Conclusions and Proposed Remedy." Discuss the investigation and vote on accepting the state's findings and proposals.

● Within 30 days of acceptance, hire a compliance officer to review the council's meeting agendas, minutes and other material for a year.

● Within 30 days, have the mayor and five other council members accused of violating the law each pay a civil penalty of $250 to the city's general fund.

● Within six months have all council members undergo Open Meeting Law training.

If council members don't accept the plan, the state could sue in Superior Court and seek fines and their removal from office.

Larry Klose, a special deputy city attorney representing the council members, declined to comment on the proposal.