Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at
tonight's meeting by zoom. I can't remember if that is still permitted or
not.
It wouldn’t be permitted because the notice would be too late. But if you have a quorum without that person, I believe the member can participate in the meeting in an unofficial capacity via zoom or telephone (without voting).
I’ll be interested to hear if others believe that’s an inappropriate position to take.
Kim Spady
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, January 10, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at tonight's meeting by zoom. I can't remember if that is still permitted or not.
It is permitted only if the council meeting notices state that the councilor will be appearing via video conference, phone, etc and you allow public access by same means. It sucks. Don’t do it.
I have had council members appear by phone because they were not available, but they were not allowed to vote and were not counted as present, but they joined in the discussion, or at least heard any other statements being made.
Lou Ann Moudy
P.O. Box 266, Henryetta, OK 74437
(918) 652-3328
This electronic mail transmission, including any accompanying documents or attachments, may contain confidential information intended solely for use or information for the receipent named above and is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the reliance upon any of the contents of this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately via telephone or reply transmission and then destroy this transmission and its accompanying documents or attachments.
From: Phillip Morton [mailto:mortonlawoffice@gmail.com]
Sent: Monday, January 10, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at tonight's meeting by zoom. I can't remember if that is still permitted or not.
Kim,
I believe it would be inappropriate to allow anyone to participate by Zoom or telephone without complying with the Open Meeting Act. My understanding is that the changes made to the Open Meeting Act to allow zoom meetings expired last year and that no new provisions have been enacted to allow remote participation without complying the prior rules. Under the prior rules, a councilmember could attend a council meeting from a remote location but you would have to give the required notice and the remote location would also have to be made open to the public. You are correct that you would not be able to meet the notice requirements for a meeting tonight.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Monday, January 10, 2022 3:59 PM
To: 'Phillip Morton' mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: Council meeting with member wanting to appear by zoom
It wouldn’t be permitted because the notice would be too late. But if you have a quorum without that person, I believe the member can participate in the meeting in an unofficial capacity via zoom or telephone (without voting).
I’ll be interested to hear if others believe that’s an inappropriate position to take.
Kim Spady
From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Monday, January 10, 2022 3:47 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at tonight's meeting by zoom. I can't remember if that is still permitted or not.
The covid virtual meeting policies have lapsed. We have a bill hoping to fix this come Feb but as of now it is not an option.
Daniel
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Monday, January 10, 2022 3:58 PM
To: 'Phillip Morton' mortonlawoffice@gmail.com; oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Council meeting with member wanting to appear by zoom
It wouldn’t be permitted because the notice would be too late. But if you have a quorum without that person, I believe the member can participate in the meeting in an unofficial capacity via zoom or telephone (without voting).
I’ll be interested to hear if others believe that’s an inappropriate position to take.
Kim Spady
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, January 10, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at tonight's meeting by zoom. I can't remember if that is still permitted or not.
I think there is a provision in the open meeting act for someone to appear by zoom but it has to be noticed in the agenda and the person has to be in the city and the place where the person is must be open to the public and you must have a quorum in person
Ray
From: Daniel McClure
Sent: Monday, January 10, 2022 4:05 PM
To: Kim@spadylaw.com ; 'Phillip Morton' ; oama@lists.imla.org
Subject: [Oama] Re: Council meeting with member wanting to appear by zoom
The covid virtual meeting policies have lapsed. We have a bill hoping to fix this come Feb but as of now it is not an option.
Daniel
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Monday, January 10, 2022 3:58 PM
To: 'Phillip Morton' mortonlawoffice@gmail.com; oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Council meeting with member wanting to appear by zoom
It wouldn’t be permitted because the notice would be too late. But if you have a quorum without that person, I believe the member can participate in the meeting in an unofficial capacity via zoom or telephone (without voting).
I’ll be interested to hear if others believe that’s an inappropriate position to take.
Kim Spady
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, January 10, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at tonight's meeting by zoom. I can't remember if that is still permitted or not.
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
We have had a significant Covid recurrence in Choctaw County. If there is anything you need from us to assist with the requested legislation, please advise. I feel certain all of us face a similar quandary.
Sharla Frost, Fort Towson
On Jan 10, 2022, at 4:05 PM, Daniel McClure daniel@oml.org wrote:
The covid virtual meeting policies have lapsed. We have a bill hoping to fix this come Feb but as of now it is not an option.
Daniel
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Monday, January 10, 2022 3:58 PM
To: 'Phillip Morton' mortonlawoffice@gmail.com; oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Council meeting with member wanting to appear by zoom
It wouldn’t be permitted because the notice would be too late. But if you have a quorum without that person, I believe the member can participate in the meeting in an unofficial capacity via zoom or telephone (without voting).
I’ll be interested to hear if others believe that’s an inappropriate position to take.
Kim Spady
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, January 10, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at tonight's meeting by zoom. I can't remember if that is still permitted or not.
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
The more examples I can get about how bad we need this the better. Feel free to shoot over your individual fact patterns and I will add it to our list of examples.
From: Sharla Frost cityattorney@forttowson.us
Sent: Tuesday, January 11, 2022 1:44 PM
To: Daniel McClure daniel@oml.org
Cc: Kim@spadylaw.com; Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] Re: Council meeting with member wanting to appear by zoom
We have had a significant Covid recurrence in Choctaw County. If there is anything you need from us to assist with the requested legislation, please advise. I feel certain all of us face a similar quandary.
Sharla Frost, Fort Towson
On Jan 10, 2022, at 4:05 PM, Daniel McClure <daniel@oml.orgmailto:daniel@oml.org> wrote:
The covid virtual meeting policies have lapsed. We have a bill hoping to fix this come Feb but as of now it is not an option.
Daniel
From: Kim@spadylaw.commailto:Kim@spadylaw.com <Kim@spadylaw.commailto:Kim@spadylaw.com>
Sent: Monday, January 10, 2022 3:58 PM
To: 'Phillip Morton' <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>; oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Council meeting with member wanting to appear by zoom
It wouldn’t be permitted because the notice would be too late. But if you have a quorum without that person, I believe the member can participate in the meeting in an unofficial capacity via zoom or telephone (without voting).
I’ll be interested to hear if others believe that’s an inappropriate position to take.
Kim Spady
From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Monday, January 10, 2022 3:47 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Council meeting with member wanting to appear by zoom
A single councilman was exposed to covid and is wanting to appear at tonight's meeting by zoom. I can't remember if that is still permitted or not.
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org