Open Meeting Act
We don't have enough members of the governing body to have our regular meeting. What do we do?
The statutes do not offer any specific guidance on procedures to cancel regularly scheduled meetings. However, they do offer guidance on the procedure to have a special meeting. Meetings can be cancelled for a variety of reasons. Unless the day, time and/or place are permanent changes, the regular meeting is simply cancelled for reasons (list reasons; no quorum, emergency, holiday...) Cancellation of the meeting(s) should meet the same posting requirements provided in the notification of the meeting(s). Any meeting that is to take place that is 'other' than a regularly scheduled meeting, would be called a special meeting. Notification of a special meeting is found in Title 25 OS sec 311 of the Open Meetings Act under item A. (11).
May a municipality set an agenda policy?
May a municipality set a policy requiring agenda items be submitted to the municipal clerk no later than 72 hours prior to each regularly scheduled meeting in order for the agenda to be prepared and packets sent out to councilmember’s in a timely manner?
The short answer is yes. The governing body of a municipality is authorized to adopt whatever rules of procedure it wishes to follow. 11 O.S. Section 9-110 However, cities governed under charters will be guided by their charter provisions in adopting these rules. The Open Meeting Act states at Title 25 O.S. Section 311 that “…all public bodies shall, at least twenty-four (24) hours prior to such meetings, display public notice of said meeting, setting for the thereon the date, time, place and agenda for the said meeting….” Therefore, adopting a policy requiring the city clerk receive agenda items before a time limit set by the council would not violate the Open Meeting Act as long as the agenda is posted at least 24 hours before the beginning of the meeting. Nowhere in the Open Meeting Act does it require agenda items be accepted by the public body for placement on the agenda up until the 24 hour time limit.
Who is subject to the Open Meetings Act?
Title 25 O.S. Section 304 defines public bodies as “governing bodies of all municipalities located within the State of Oklahoma, Boards of County commissioners, boards of public and higher education and all boards, bureaus, commissions, agencies, trusteeships, authorities, councils, committees, public trusts, task forces or study groups in the State of Oklahoma supported in whole or in part by public funds or entrusted with the expending of public property, and shall include all committees or subcommittees of any public body.”
The Attorney General (2002 OK AG 37) rendered an opinion defining “supported in whole or in part by public funds” but the mere payment of public funds is not the controlling factor, and a examination must be conducted into the ins and outs of the relationship between the parties. A legal determination will ultimately depend on the terms of the agreement and all relevant factual circumstances. Given the lack of a ruling from the Oklahoma Supreme Court, it is best to obtain an opinion from your city attorney on the status of your local organization.
Is there any way we can limit the amount of items a councilmember or citizen put on the agenda? Time Limits?
Councilmembers and citizens bring numerous items to put on the agenda and the meetings go on for hours. Is there any way we can limit the amount of items a councilmember or citizen put on the agenda? Can we set time limits on citizens discussing agenda items?
The governing body has the authority to determine its own rules for meetings. This is true no matter what form of government your municipality is under. Of course, if your municipality has a charter it will be guided by the provisions outlined within the charter. The Attorney General (1998 OK AG 45) determined “Oklahoma's Open Meeting Act Does Not Require That Public Bodies, Such as City Councils, Afford Citizens a Right to be Heard at Meetings Conducted Under the Act.” The council has the right to limit citizens’ comments. This can be done many ways. Some councils limit citizens’ comments to two (2) minutes at the end of the council meetings. Then the concerns can be added to the agenda for discussion at the next council meeting. However your council chooses to address the rules, they must be adopted by a vote of the governing body. Once this is done the rules shall be enforced.
Must Minutes Be Taken in Executive Session?
Q: Must Minutes Be Taken in Executive Session?
A: Yes.
Q: Wow, Is It That Easy?
A: No, of Course Not!
This is an area of the Open Meeting Act that was much debated until an Attorney General’s Opinion clarified the issue. The area of debate was what does “minutes” in executive session mean. Is this statutory requirement a summary of the discussion or something much more streamlined?
The Attorney General in Opinion No. 96-100 held that “while it is certain that minutes must be kept, this requirement may be met in a variety of ways. As provided in Section 312 of the Open Meeting Act, minutes are simply a written summary of the proceedings, not a work-for-word transcription.” (Emphasis is the Attorney General’s).
Section 312 defines “minutes” as “an official summary of the proceedings showing clearly those members present and absent, all matters considered by the public body, and all actions taken by such public body.”
Absent an Oklahoma Supreme Court case, the general consensus appears to be that minutes should:
· Record that the agenda showed a proposed executive session for the agenda item to be discussed and the statutory authority for the executive session (See Section 311 B.2).
· Show a motion and recorded vote to go into executive session and should show all members absent and present for the session.
· State all matters considered – discussed – in the executive session.
· Record all action taken on the matters discussed. Because the public body may not take action in the executive session, the minutes will show how the public body disposes of each matter discussed upon its return to the public session of the meeting.