Open Meeting Act The Basics

1. Open Meeting ActThe Basics 25 O.S. Sec. 301 et seq.

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

3. 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.

4. 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

5. Open Meeting Cont. • Specifically excluded from the definition of Public Bodies: • Judiciary • State Legislature • Horse Racing Commission • Administrative Staff of Public Bodies

6. Second Question • Is it a meeting? • Majority of governing body present where business of the body is discussed.

7. OMA recognizes 4 types of meetings • Regular • Special • Emergency • Reconvened

8. 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)

9. 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 Saturdays

10. Reconvened Meeting • Must be announced at original meeting • Agenda cannot be different than original meeting

11. 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 minutes

12. 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)

13. Minutes • Official Summary of ALL business considered, action taken, members present, and votes cast

14. 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;

15. Voting • Roll Call required (Oldham v. Drummond Bd. of Education, 542 P.2d 1309 (Okla. 1975)) • Publically Cast • No Proxy

16. 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 fees

17. Violation in the middle of occuring • State you believe the meeting to be in violation of the Open Meeting Act • Leave

18. Finally • The most elementary thing…. • THE MEETING MUST BE OPEN • No locked doors!