Executive Session
Colleagues,
My municipal client has advertised for a city manager, a paid employee position. We have received multiple applications. Our city commission would like to discuss/screen the resumes/merits of the applicants in Executive Session. Disclosure of the full or partial names of applicants in an Executive Session agenda item is problematic. 25 O.S., Sec. 307 (B) (1) references “.....employment, hiring....of any individual salaried....employee.”. Each individual will be discussed in turn if I recommend one (1) Executive Session, referencing “city manager candidates” in the agenda item instead of naming any applicant.
Your thoughts?
If this is generally thought to be improper because more than one individual will be discussed, I contemplate multiple separate Executive Sessions, one after another, each limited to only one individual. Even if we do that, I want to avoid disclosure of a full or partial names in the Executive Session agenda item.
Your thoughts?
Respectfully,
Steven Holloway
I believe this is allowed. You do not have the name the “individual(s)”, you just have to consider hiring an individual to qualify for executive session.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Wednesday, August 26, 2020 3:26 PM
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: [Oama] Executive Session
Colleagues,
My municipal client has advertised for a city manager, a paid employee position. We have received multiple applications. Our city commission would like to discuss/screen the resumes/merits of the applicants in Executive Session. Disclosure of the full or partial names of applicants in an Executive Session agenda item is problematic. 25 O.S., Sec. 307 (B) (1) references “.....employment, hiring....of any individual salaried....employee.”. Each individual will be discussed in turn if I recommend one (1) Executive Session, referencing “city manager candidates” in the agenda item instead of naming any applicant.
Your thoughts?
If this is generally thought to be improper because more than one individual will be discussed, I contemplate multiple separate Executive Sessions, one after another, each limited to only one individual. Even if we do that, I want to avoid disclosure of a full or partial names in the Executive Session agenda item.
Your thoughts?
Respectfully,
Steven Holloway
I agree. I believe you may designate the position of City Manager as the focus of your session per prior authority, so long as the general public is aware of the nature of the position being discussed. That’s an off-hand opinion. I would defer to those more knowledgeable about the OMA.
Sent from my iPhone
On Aug 26, 2020, at 3:52 PM, Robert Thompson rthompson@cheekfalcone.com wrote:
I believe this is allowed. You do not have the name the “individual(s)”, you just have to consider hiring an individual to qualify for executive session.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com
CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/
From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Wednesday, August 26, 2020 3:26 PM
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: [Oama] Executive Session
Colleagues,
My municipal client has advertised for a city manager, a paid employee position. We have received multiple applications. Our city commission would like to discuss/screen the resumes/merits of the applicants in Executive Session. Disclosure of the full or partial names of applicants in an Executive Session agenda item is problematic. 25 O.S., Sec. 307 (B) (1) references “.....employment, hiring....of any individual salaried....employee.”. Each individual will be discussed in turn if I recommend one (1) Executive Session, referencing “city manager candidates” in the agenda item instead of naming any applicant.
Your thoughts?
If this is generally thought to be improper because more than one individual will be discussed, I contemplate multiple separate Executive Sessions, one after another, each limited to only one individual. Even if we do that, I want to avoid disclosure of a full or partial names in the Executive Session agenda item.
Your thoughts?
Respectfully,
Steven Holloway
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I believe it is allowed because you are hiring for a position. So long as the position is identified, I think it is ok.
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.commailto:apixley@soonerlaw.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Wednesday, August 26, 2020 3:26 PM
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: [Oama] Executive Session
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Colleagues,
My municipal client has advertised for a city manager, a paid employee position. We have received multiple applications. Our city commission would like to discuss/screen the resumes/merits of the applicants in Executive Session. Disclosure of the full or partial names of applicants in an Executive Session agenda item is problematic. 25 O.S., Sec. 307 (B) (1) references “.....employment, hiring....of any individual salaried....employee.”. Each individual will be discussed in turn if I recommend one (1) Executive Session, referencing “city manager candidates” in the agenda item instead of naming any applicant.
Your thoughts?
If this is generally thought to be improper because more than one individual will be discussed, I contemplate multiple separate Executive Sessions, one after another, each limited to only one individual. Even if we do that, I want to avoid disclosure of a full or partial names in the Executive Session agenda item.
Your thoughts?
Respectfully,
Steven Holloway
Steven,
I would join the chorus in saying that you are fine holding the ES listing
the position of City Manager if it is for the purpose of discussing
specific candidates.
As to listing the names of the individuals vs. listing the job title, the
issue turns on whether the position is unique (compare hiring a Police
Chief with hiring a Police Officer). see 1997 OK AG 61, P.5: "In light of
case law and standard rules of construction, we conclude that an agenda
item for a meeting of a public body in which personnel matters are to be
discussed and for which an executive session is proposed must identify
either the position or the individual salaried employee who is the subject
of the discussion. The Act does not specify that a person must be
identified by name; however, in light of case law, it is evident that
identification by name is necessary unless the position held by the person
is so unique as to allow adequate identification. In light of Haworth, if
the action is a hiring, the agenda item must clearly identify the specific
position to be filled."
As to discussing specific applicants vs discussing the process of getting
applicants, see 2006 OK AG 17 in which the AG concluded "The exception to
the Oklahoma Open Meeting Act, 25 O.S. 2001 & Supp.2005, §§ 301 - 314,
permitting executive sessions of public bodies for the purpose of
"[d]iscussing the employment, hiring, appointment, promotion, demotion,
disciplining or resignation of any individual salaried public officer or
employee," applies to discussing particular current or prospective public
officers or employees and does not permit the discussion of a job opening
for a public officer or employee when no particular individual is to be
discussed."
Matt
On Wed, Aug 26, 2020 at 3:26 PM Steven Holloway hipshot.steven@gmail.com
wrote:
Colleagues,
My municipal client has advertised for a city manager, a paid employee
position. We have received multiple applications. Our city commission
would like to discuss/screen the resumes/merits of the applicants in
Executive Session. Disclosure of the full or partial names of
applicants in an Executive Session agenda item is problematic. 25 O.S.,
Sec. 307 (B) (1) references “.....employment, hiring....of any
individual salaried....employee.”. Each individual will be discussed
in turn if I recommend one (1) Executive Session, referencing “city manager
candidates” in the agenda item instead of naming any applicant.
Your thoughts?
If this is generally thought to be improper because more than one
individual will be discussed, I contemplate multiple separate Executive
Sessions, one after another, each limited to only one individual. Even if
we do that, I want to avoid disclosure of a full or partial names in the
Executive Session agenda item.
Your thoughts?
Respectfully,
Steven Holloway
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