Transcript Open Meeting Act The Basics

25 O.S. Sec. 301 et seq.

Declaration of Public Policy: to encourage and
facilitate an informed citizenry’s understanding
of the governmental process and governmental
problems.



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.

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


Specifically excluded from the definition of
Public Bodies:
Judiciary
 State Legislature
 Horse Racing Commission
 Administrative Staff of Public Bodies


Is it a meeting?

Majority of governing body present where business
of the body is discussed.




Regular
Special
Emergency
Reconvened

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)


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


Must be announced at original meeting
Agenda cannot be different than original
meeting


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






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)

Official Summary of ALL business considered,
action taken, members present, and votes cast

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;




Roll Call required (Oldham v. Drummond Bd.
of Education, 542 P.2d 1309 (Okla. 1975))
Publically Cast
No Proxy

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


State you believe the meeting to be in violation
of the Open Meeting Act
Leave

The most elementary thing….

THE MEETING MUST BE OPEN
 No locked doors!