Open Meeting Act - PowerPoint Presentation

Slide1

Open Meeting ActThe Basics

25

O.S.

Sec. 301 et seq.Slide2

Policies

Declaration of Public Policy: to encourage and facilitate an informed citizenry’s understanding of the governmental process and governmental problems. Slide3

First Question

Is your organization subject to the requirements of the Open Meeting Act?

Is the organization a Public Body?

Definition of a Public Body is:

Not necessarily bodies which are public?

Contains three parts (1) Groups in this state which are supported in whole or in part by public funds or (2) entrusted with the expending of public funds, or (3)

adminisering

public property. Slide4

Open Meetings Cont.

The definition also contains a laundry list of groups which ARE deemed “Public Bodies”

All municipalities regardless of form

County Commissions

Public Trusts

School Boards

Committees which have final decision making authority.*

Governor Slide5

Open Meeting Cont.

Specifically excluded from the definition of Public Bodies:

Judiciary

State Legislature

Horse Racing Commission

Administrative Staff of Public BodiesSlide6

Second Question

Is it a meeting?

Majority of governing body present where business of the body is discussed.Slide7

OMA recognizes 4 types of meetings

Regular

Special

Emergency

ReconvenedSlide8

Requirements of each meeting type

Regular meetings:

Notice made annual (filed with the Public Bodies’ clerk) by December 15 setting, time, date and location.

Additional Notice and Agenda of Regular Meeting posted 24 prior to actual meeting

If date changes notice must be given of the change 10 days in advance of meeting

Post with the Clerk of the Body; the location of the meeting; and if the body has a website, on the website (74

O.S.

3106.2)Slide9

Special Meeting

No special annual notice requirement

Notice of meeting 48 hours prior, then Agenda 24 hours prior.

Posted:

Website

Prominently at the place of business of the body

Location of meeting.

Excludes SaturdaysSlide10

Reconvened Meeting

Must be announced at original meeting

Agenda cannot be different than original meetingSlide11

Emergency

Maybe withheld without prior notice, but required to give as much notice as

practical.

Standard: Imminent danger of financial loss or life loss

Must articulate this in the minutesSlide12

Agenda

Must identify all items of business

Written in plain English

Not be misleading

Specify whether the public body intends to hold an executive session, subject and authority;

Indicate the type of decisions made

Can use “New Business” but only if the business was not known or couldn’t have been reasonably

forseen

. (only at regular meetings)Slide13

Minutes

Official Summary of ALL business considered, action taken, members present, and votes castSlide14

Executive Session

Only held for specifically approved reasons:

Discussing employment, hiring, appointment, promotion, demotion, discipline or resignation of an individual salaried employee;

Union Negotiations;

Purchase or appraisal of real estate;

Pending litigation / Attorney-Client privilege;

Matters involving a specific handicapped child;

Confidential under state law;

Terrorism;Slide15

Voting

Roll Call required (Oldham v. Drummond Bd. of Education, 542 P.2d 1309 (Okla. 1975))

Publically Cast

No ProxySlide16

Violation means:

Action taken, invalid

Cannot be ratified

Possible criminal sanctions

<1 year in jail

$500 fine

Or both

Civil Action

Qua Tam: money, injunction, attorney’s feesSlide17

Violation in the middle of occuring

State you believe the meeting to be in violation of the Open Meeting Act

LeaveSlide18

Finally

The most elementary thing….

THE MEETING MUST BE OPEN

No locked doors!