Two quick questions: 1. Must we post our council meeting minutes on social media? Our clerk has been doing so, but we have a couple of local agitators who attack her each time she does. I do not find such a requirement in the statutes, but wanted to make sure I haven’t missed something. 2. A disgruntled former employee is insisting that the council members, city employees, and all city consultants publicly disclose all investments, business arrangements, and property holdings. My client municipality has less than 2,500 residents, so the disclosure and conflict of interest statutes specifically contain exclusions to the requirements. Are there other statutes or rules that we need to review or is this simply a demand that does not require response? Thanks for any insight. Sharla Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.

1. I know of no requirement to post Minutes on social media. I also know of no prohibition. I think providing more information in more ways is generally a good thing, though I don't know that it is always a good idea. It would be best to be consistent either way. Unless the municipality adopts an ordinance requiring it or the Legislature adopts a statute, there should be no duty to do so. 2. Under the Open Records Act, you have no obligation to create a record. If you have the record requested or if you should have the record requested, you must furnish it. If you have a Charter or ordinance that requires the record or if there is a statute or administrative rule that requires it, you must comply. Good Luck! Mark H. Ramsey For the Firm Taylor, Foster, Mallett, Downs, Ramsey & Russell, P.C. P.O. Box 309 Claremore, OK 74018 918-343-4100 918-343-4900 fax mramsey@soonerlaw.com The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. -----Original Message----- From: Sharla Frost <cityattorney@forttowson.us> Sent: Tuesday, July 26, 2022 9:33 AM To: Oama Listserve <oama@lists.imla.org> Subject: [Oama] Meeting minutes and financial disclosure question Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail. ________________________________ Two quick questions: 1. Must we post our council meeting minutes on social media? Our clerk has been doing so, but we have a couple of local agitators who attack her each time she does. I do not find such a requirement in the statutes, but wanted to make sure I haven’t missed something. 2. A disgruntled former employee is insisting that the council members, city employees, and all city consultants publicly disclose all investments, business arrangements, and property holdings. My client municipality has less than 2,500 residents, so the disclosure and conflict of interest statutes specifically contain exclusions to the requirements. Are there other statutes or rules that we need to review or is this simply a demand that does not require response? Thanks for any insight. Sharla Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses. -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org

To piggyback off Mark's email, which I fully agree with... On Item #2, it sounds like a request for individuals to make a disclosure more so than a request for records. But assuming they are making an ORA request, the first question would be whether the Town even has records in its possession that are responsive to the inquiry. The ORA imposes a duty on public bodies and public officials. My position has always been that a City/Town can't produce a document in response to the ORA that is not in its possession (whether that means a physical record maintained by the City or a digital record maintained on a City computer/device). If the record is in the possession of a public official (e.g. a text message on their personal cell, an email sent to their personal email account, etc.), then they would be independently subject to the Act and would have to produce the same upon request *if it was legally a "record."* As to the consultants, I doubt they'd meet the definition of a "public official" (defined as any official or employee of a public body). Most likely they are contractors. As for the "record" issue, it has to be something that came into the custody, control or possession of the public official in connection with the transaction of public business, expenditure of public funds or administering of public property. From the sounds of it, the documents they want wouldn't be records that the public officials obtained in connection with any public business. They would be records they obtained personally due to a personal interest. If so, it wouldn't be a "record". On Tue, Jul 26, 2022 at 10:16 AM Mark Ramsey <MRamsey@soonerlaw.com> wrote: > 1. I know of no requirement to post Minutes on social media. I also know > of no prohibition. I think providing more information in more ways is > generally a good thing, though I don't know that it is always a good idea. > It would be best to be consistent either way. Unless the municipality > adopts an ordinance requiring it or the Legislature adopts a statute, there > should be no duty to do so. > > 2. Under the Open Records Act, you have no obligation to create a > record. If you have the record requested or if you should have the record > requested, you must furnish it. If you have a Charter or ordinance that > requires the record or if there is a statute or administrative rule that > requires it, you must comply. > > Good Luck! > > Mark H. Ramsey > For the Firm > Taylor, Foster, Mallett, > Downs, Ramsey & Russell, P.C. > P.O. Box 309 > Claremore, OK 74018 > 918-343-4100 > 918-343-4900 fax > mramsey@soonerlaw.com > The information contained in this electronic mail transmission (including > any accompanying attachments) is intended solely for its authorized > recipient(s), and may be confidential and/or legally privileged. If you are > not an intended recipient, or responsible for delivering some or all of > this transmission to an intended recipient, you have received this > transmission in error and are hereby notified that you are strictly > prohibited from reading, copying, printing, distributing or disclosing any > of the information contained in it. In that event, please contact us > immediately by telephone (918) 343-4100 or by electronic mail at > postmaster@soonerlaw.com and delete the original and all copies of this > transmission (including any attachments) without reading or saving in any > manner. Thank you. > > > > -----Original Message----- > From: Sharla Frost <cityattorney@forttowson.us> > Sent: Tuesday, July 26, 2022 9:33 AM > To: Oama Listserve <oama@lists.imla.org> > Subject: [Oama] Meeting minutes and financial disclosure question > > Notice: This email is from an external source. Do not open attachments or > click on links from unknown senders or unexpected e-mail. > ________________________________ > > > Two quick questions: > > 1. Must we post our council meeting minutes on social media? Our clerk has > been doing so, but we have a couple of local agitators who attack her each > time she does. I do not find such a requirement in the statutes, but wanted > to make sure I haven’t missed something. > > 2. A disgruntled former employee is insisting that the council members, > city employees, and all city consultants publicly disclose all investments, > business arrangements, and property holdings. My client municipality has > less than 2,500 residents, so the disclosure and conflict of interest > statutes specifically contain exclusions to the requirements. Are there > other statutes or rules that we need to review or is this simply a demand > that does not require response? > > Thanks for any insight. > > > Sharla > > Sent from my iPhone which randomly rearranges my thoughts and letters. > Apologies in advance for any illogical responses. > > -- > Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to > oama-leave@lists.imla.org > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >