Michael, I agree with David.  Executive sessions should only be used when they are clearly authorized under the Open Meeting Act. David’s suggestion of placing in on the agenda and having it handled during the open session is a great one. Sincerely, Jen Jennifer O'Steen Attorney at Law ACT Legal Solutions, PLLC www.actlegalsolutions.com Ph: (405) 747-9563 NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that the retention, use, dissemination, distribution, or copying of this message, or any attachments hereto, is strictly prohibited. If you received this electronic mail in error, please notify the sender immediately by reply and destroy the original transmission and its attachments without reading them or saving them. Thank you. From: Oama <oama-bounces@lists.imla.org> on behalf of david davis <ddavislaw@live.com> Date: Thursday, July 2, 2020 at 2:18 PM To: Michael Beason <mbeason@altusok.gov>, "oama@lists.imla.org" <oama@lists.imla.org> Subject: Re: [Oama] Executive Session for a Requested Lump Sum Payout for Retirement I think executive session would be a stretch and in the past i have taken the conservative approach and handled in open meeting. If there is no controversy i would place on consent agenda and provide explanatory memo to governing body as privileged attorney client communication. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com From: Oama <oama-bounces@lists.imla.org> on behalf of Michael Beason <mbeason@altusok.gov> Sent: Thursday, July 2, 2020 1:28 PM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Executive Session for a Requested Lump Sum Payout for Retirement Greetings All: An employee eligible for retirement has requested a lump sum payout. Initially I thought the agenda item qualified under 25 O.S. Section 307(B)(4). I am on the cusp of convincing myself otherwise. Thoughts please. Thank you. Michael T. Beason, OBA #18535 City Attorney – Altus 509 S. Main St. Altus, Oklahoma 73521 -- Oama mailing list Oama@lists.imla.org http://lists.imla.org/mailman/listinfo/oama_lists.imla.org