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Political Speech

MB
Michael Beason
Wed, Aug 12, 2020 4:03 PM

Issue and Background:  City proposes a sales tax to fund, inter alia, capital improvement projects for municipality and school district. Member of Council also serves as a teacher in the school district.  Said Council member supports and promotes the tax on social media.

I do not see or find an illegality or ethics violation.  Anyone disagree?

Thank you.

Issue and Background: City proposes a sales tax to fund, inter alia, capital improvement projects for municipality and school district. Member of Council also serves as a teacher in the school district. Said Council member supports and promotes the tax on social media. I do not see or find an illegality or ethics violation. Anyone disagree? Thank you.
RK
Rick Knighton
Wed, Aug 12, 2020 4:06 PM

I don't.  Taken to its logical extreme, prohibiting a councilmember from supporting a local sales tax on social media would also prohibit the councilmember from voting in favor of the tax.

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
'  405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Wednesday, August 12, 2020 11:03 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Political Speech

Issue and Background:  City proposes a sales tax to fund, inter alia, capital improvement projects for municipality and school district. Member of Council also serves as a teacher in the school district.  Said Council member supports and promotes the tax on social media.

I do not see or find an illegality or ethics violation.  Anyone disagree?

Thank you.

I don't. Taken to its logical extreme, prohibiting a councilmember from supporting a local sales tax on social media would also prohibit the councilmember from voting in favor of the tax. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason Sent: Wednesday, August 12, 2020 11:03 AM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Political Speech Issue and Background: City proposes a sales tax to fund, inter alia, capital improvement projects for municipality and school district. Member of Council also serves as a teacher in the school district. Said Council member supports and promotes the tax on social media. I do not see or find an illegality or ethics violation. Anyone disagree? Thank you.
JM
Jon Miller
Thu, Aug 13, 2020 2:36 PM

I do not see a problem.  As an individual, the council member retains his or her right of free speech.  The council member is not acting on behalf of the council when he/she expresses their personal beliefs and opinions.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Wednesday, August 12, 2020 11:03 AM
To: oama@lists.imla.org
Subject: [Oama] Political Speech

Issue and Background:  City proposes a sales tax to fund, inter alia, capital improvement projects for municipality and school district. Member of Council also serves as a teacher in the school district.  Said Council member supports and promotes the tax on social media.

I do not see or find an illegality or ethics violation.  Anyone disagree?

Thank you.

I do not see a problem. As an individual, the council member retains his or her right of free speech. The council member is not acting on behalf of the council when he/she expresses their personal beliefs and opinions. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason Sent: Wednesday, August 12, 2020 11:03 AM To: oama@lists.imla.org Subject: [Oama] Political Speech Issue and Background: City proposes a sales tax to fund, inter alia, capital improvement projects for municipality and school district. Member of Council also serves as a teacher in the school district. Said Council member supports and promotes the tax on social media. I do not see or find an illegality or ethics violation. Anyone disagree? Thank you.