Re: [Oama] EXTERNAL EMAIL : Re: *External Source* Meetings Now
Sent from Mail for Windows 10
From: Matt Love
Sent: Thursday, March 26, 2020 2:12 PM
To: Jeff Bryant
Cc: oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: *External Source* Meetings Now
In my opinion, if you list a physical location for the meeting, then you have to let the public attend there, even if all your governing body members will attend remote. The issue of limiting access is dicey. First, I'm not sure the Governor's restriction on social gatherings of more than 10 people would apply to attendance at a public meeting (not really a social gathering). But I don't think a Court will smack a City if they limit the total number of people (and requiring and provide seating that allows for social distancing) as long as preference isn't given to who gets into the meeting based, say, on viewpoint. I think you could reserve X spots for press (if you have any that attend), and let the rest of the spots go to the public on a first come, first serve basis. I would include the attendance limitation on the agenda (not a legal requirement, but I think it helps in a future challenge) and note and remind them about the ability to attend remote.
On Thu, Mar 26, 2020 at 11:30 AM Jeff Bryant via Oama <oama@lists.imla.org> wrote:
Larry,
I am not aware of any “requirements”, but I do think if a local governing body is going to offer a physical public meeting place (instead of just meeting only by videoconference or teleconference) then the local governing body would also have the ability, for health and safety reasons, to implement a spacing requirement for those attending, and perhaps offering space on a first come, first serve nondiscriminatory basis. In my opinion this approach would be even more defensible if the public were offered participation options via videoconference and/or teleconference. This approach follows the policy of the Open Meeting Act and follows the spirit and intent of the SB661 as well as the spirit and intent of Executive Orders requiring social distancing to prevent community spread of the coronavirus.
These are certainly uncharted waters, so certainly each City Attorney and each public body will need to make their best judgement call based on their own particular facts and circumstances. I hope this is helpful.
Jeff Bryant
Jeff H Bryant
Director of Legal Services
Associate General Counsel
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orgFrom: Oama <oama-bounces@lists.imla.org> On Behalf Of Larry Vickers
Sent: Thursday, March 26, 2020 10:57 AM
To: Kathryn Walker <Kathryn.Walker@NormanOK.gov>; 'Kimberlee Spady' <Kim@spadylaw.com>
Cc: oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: *External Source* Meetings NowAre there new requirements that allow you to keep the public out of the meeting area but require you to allow them video/audio access?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Oama <oama-bounces@lists.imla.org> on behalf of Kathryn Walker <Kathryn.Walker@NormanOK.gov>
Sent: Wednesday, March 25, 2020 1:05:55 PM
To: 'Kimberlee Spady'
Cc: oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: *External Source* Meetings NowYes. And live streaming is as simple as logging into your City’s YouTube account.
Kathryn L. Walker
City Attorney
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady
Sent: Wednesday, March 25, 2020 1:32 PM
Cc: oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] *External Source* Meetings NowDoes Zoom offer the option of recording the meeting (as required under the new provisions)?
Kim Spady
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kathryn Walker
Sent: Wednesday, March 25, 2020 1:16 PM
To: 'Larry Vickers' <larry@lvickerslaw.com>; Jeff Bryant <jbryant@omag.org>; Claudia Conner <claudia.conner@bethanyok.org>
Cc: oama@lists.imla.org
Subject: Re: [Oama] *External Source* Meetings NowWe held our first video-conference Council meeting last night. We had a number of public hearings and we opened City Hall for public comment so that members of the public who may be disabled or who do not have internet access could participate within the Zoom meeting on a laptop at City Hall (no one came in person). Using Zoom we were able to live stream the meeting on our YouTube channel and we read comments and questions from the livestream as well that were germane to the item being discussed. A few hitches but it went surprisingly well.
Kathryn L. Walker
City Attorney
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Larry Vickers
Sent: Wednesday, March 25, 2020 12:18 PM
To: Jeff Bryant <jbryant@omag.org>; Claudia Conner <claudia.conner@bethanyok.org>
Cc: oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] *External Source* Meetings Nowthanks!
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Jeff Bryant <jbryant@omag.org>
Sent: Wednesday, March 25, 2020 10:50:05 AM
To: Claudia Conner; Larry Vickers
Cc: oama@lists.imla.org
Subject: RE: [Oama] *External Source* Meetings NowSenate Bill 661 relaxed some of the requirements for public meetings that fall under the Open Meeting Act. A discussion of that Bill can be found here: https://www.omag.org/news/2020/3/18/coronavirus-emergency-and-the-open-meetings-act
Hope this is helpful.
Jeff H Bryant
Director of Legal Services
Associate General Counsel
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orgFrom: Oama <oama-bounces@lists.imla.org> On Behalf Of Claudia Conner
Sent: Wednesday, March 25, 2020 11:34 AM
To: Larry Vickers <larry@lvickerslaw.com>
Cc: oama@lists.imla.org
Subject: Re: [Oama] *External Source* Meetings NowThrough teleconference or videoconference. I’m wrestling with the public’s rights. As you know, public meeting is not public speaking so any agenda item that requires such will be delayed. Also, we won’t put “public comments” on the agenda.
We will FB Live the meeting simultaneously as well as it being broadcast by Cox but not simultaneously.
What is required for public other than what I’ve mentioned
Sent from my iPad
On Mar 25, 2020, at 11:15 AM, Larry Vickers <larry@lvickerslaw.com> wrote:
Group,
I know have seen various discussions on the topic(s), but how can a Town Council hold a meeting in these times and in light of the Governor's proclamation?
Thanks,
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
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