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Oklahoma Association of Municipal Attorneys

Members of a Public Body Texting Among Themselves and the Open Meeting Act

Boulden, Patrick

Mon, Apr 11, 2022 1:04 PM

Question:

If members of a public body are attending a meeting with a majority of its members in attendance and members of that public body are texting among themselves about business of that public body, is the a violation of the Oklahoma Open Meeting Acthttps://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73425, as a de facto Executive Session?

Does it matter if the texts are among less than a quorum?
Does it matter if the texts are among less than a quorum of members attending the in‑person meeting?
Does it matter if the texts are about a subject of business that is not on an agenda for the meeting they are attending?
Is this a practice that public bodies you advise are doing?

These questions were triggered by pending legislation that would expand the ability to conduct virtual meetings, HB3415http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENGR/hB/HB3415%20ENGR.PDF. Proposed Section 307.1(1)(b), states, in part, “no private electronic communications concerning public business may occur during a public meeting by members of the governing body,…”

Thanks,

Patrick

Patrick Boulden
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org mailto:patrickboulden@tulsacouncil.org

Question: If members of a public body are attending a meeting with a majority of its members in attendance and members of that public body are texting among themselves about business of that public body, is the a violation of the Oklahoma Open Meeting Act<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73425>, as a de facto Executive Session? Does it matter if the texts are among less than a quorum? Does it matter if the texts are among less than a quorum of members attending the in‑person meeting? Does it matter if the texts are about a subject of business that is not on an agenda for the meeting they are attending? Is this a practice that public bodies you advise are doing? These questions were triggered by pending legislation that would expand the ability to conduct virtual meetings, HB3415<http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENGR/hB/HB3415%20ENGR.PDF>. Proposed Section 307.1(1)(b), states, in part, “no private electronic communications concerning public business may occur during a public meeting by members of the governing body,…” Thanks, Patrick Patrick Boulden 175 East Second Street, Suite 475 Tulsa, OK 74103-3208 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org>

Jon Miller

Mon, Apr 11, 2022 1:21 PM

Patrick,

My understanding is that all business among members of the public body during a meeting must occur in public view unless it is on for executive session. My position is that members of the body cannot text with anyone during a public meeting about public business, including other members, the city attorney, city staff or anyone else, and that they cannot research or review matters on the internet during the public meetings. If a member wants to research something on the internet, then what is viewed must be accessible and posted on a screen for all in attendance to observe. Members cannot text with persons not in attendance at a meeting, even if they were willing to share the text with the public, because that would make the person on the other end a participant in the meeting and, under current law, the place where they are located would have to be set up for public to appear there and be a notice location for the meeting.

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: Boulden, Patrick patrickboulden@tulsacouncil.org
Sent: Monday, April 11, 2022 8:04 AM
To: oama@lists.imla.org
Subject: [Oama] Members of a Public Body Texting Among Themselves and the Open Meeting Act

Question: If members of a public body are attending a meeting with a majority of its members in attendance and members of that public body are texting among themselves about business of that pu

Question:

If members of a public body are attending a meeting with a majority of its members in attendance and members of that public body are texting among themselves about business of that public body, is the a violation of the Oklahoma Open Meeting Acthttps://us-west-2.protection.sophos.com?d=oscn.net&u=aHR0cHM6Ly93d3cub3Njbi5uZXQvYXBwbGljYXRpb25zL29zY24vRGVsaXZlckRvY3VtZW50LmFzcD9DaXRlSUQ9NzM0MjU=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=dFRrZURVUC8xdHlBbXpRMDVUWEFKQzRWb2o3bkdCZkZBUWNnOWdGOTFhZz0=&h=da6378880fdd4399ba5d9aaaee2258d3, as a de facto Executive Session?

These questions were triggered by pending legislation that would expand the ability to conduct virtual meetings, HB3415https://us-west-2.protection.sophos.com?d=state.ok.us&u=aHR0cDovL3dlYnNlcnZlcjEubHNiLnN0YXRlLm9rLnVzL2NmX3BkZi8yMDIxLTIyJTIwRU5HUi9oQi9IQjM0MTUlMjBFTkdSLlBERg==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=UUhCU2tMaVJxbkgrcS80ZmkvOTdybC9FQUtBblZRQThFRVB2TS9aejdCMD0=&h=da6378880fdd4399ba5d9aaaee2258d3. Proposed Section 307.1(1)(b), states, in part, “no private electronic communications concerning public business may occur during a public meeting by members of the governing body,…”

Thanks,

Patrick

Patrick Boulden
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org mailto:patrickboulden@tulsacouncil.org

Patrick, My understanding is that all business among members of the public body during a meeting must occur in public view unless it is on for executive session. My position is that members of the body cannot text with anyone during a public meeting about public business, including other members, the city attorney, city staff or anyone else, and that they cannot research or review matters on the internet during the public meetings. If a member wants to research something on the internet, then what is viewed must be accessible and posted on a screen for all in attendance to observe. Members cannot text with persons not in attendance at a meeting, even if they were willing to share the text with the public, because that would make the person on the other end a participant in the meeting and, under current law, the place where they are located would have to be set up for public to appear there and be a notice location for the meeting. 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: Boulden, Patrick <patrickboulden@tulsacouncil.org> Sent: Monday, April 11, 2022 8:04 AM To: oama@lists.imla.org Subject: [Oama] Members of a Public Body Texting Among Themselves and the Open Meeting Act Question: If members of a public body are attending a meeting with a majority of its members in attendance and members of that public body are texting among themselves about business of that pu Question: If members of a public body are attending a meeting with a majority of its members in attendance and members of that public body are texting among themselves about business of that public body, is the a violation of the Oklahoma Open Meeting Act<https://us-west-2.protection.sophos.com?d=oscn.net&u=aHR0cHM6Ly93d3cub3Njbi5uZXQvYXBwbGljYXRpb25zL29zY24vRGVsaXZlckRvY3VtZW50LmFzcD9DaXRlSUQ9NzM0MjU=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=dFRrZURVUC8xdHlBbXpRMDVUWEFKQzRWb2o3bkdCZkZBUWNnOWdGOTFhZz0=&h=da6378880fdd4399ba5d9aaaee2258d3>, as a de facto Executive Session? Does it matter if the texts are among less than a quorum? Does it matter if the texts are among less than a quorum of members attending the in‑person meeting? Does it matter if the texts are about a subject of business that is not on an agenda for the meeting they are attending? Is this a practice that public bodies you advise are doing? These questions were triggered by pending legislation that would expand the ability to conduct virtual meetings, HB3415<https://us-west-2.protection.sophos.com?d=state.ok.us&u=aHR0cDovL3dlYnNlcnZlcjEubHNiLnN0YXRlLm9rLnVzL2NmX3BkZi8yMDIxLTIyJTIwRU5HUi9oQi9IQjM0MTUlMjBFTkdSLlBERg==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=UUhCU2tMaVJxbkgrcS80ZmkvOTdybC9FQUtBblZRQThFRVB2TS9aejdCMD0=&h=da6378880fdd4399ba5d9aaaee2258d3>. Proposed Section 307.1(1)(b), states, in part, “no private electronic communications concerning public business may occur during a public meeting by members of the governing body,…” Thanks, Patrick Patrick Boulden 175 East Second Street, Suite 475 Tulsa, OK 74103-3208 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org>