Councilmember speaking about executive session items
Is there recourse, other than criminal ssnction, when a councilmember has
spoken about executive session items to a third party? Aldermanic form of
government.
My understanding is that this is probably a singular event, but the concern
is that it will grow into a problem.
I have wondered about that from time to time. On one hand, the most effective recourse may be the political one. A city or town should be concerned if its representative is willing to breach confidences that could be financially or otherwise detrimental to the municipality’s interests. On the other hand, there could be a civil action by the city/town to require a councilmember to maintain the confidentiality of privileged communications, similar to a lawsuit to enforce a contractual confidentiality requirement. However, I would want to consider that option carefully before pulling that trigger.
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: Phillip Morton mortonlawoffice@gmail.com
Sent: Tuesday, March 15, 2022 7:58 AM
To: oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Councilmember speaking about executive session items
Is there recourse, other than criminal ssnction, when a councilmember has spoken about executive session items to a third party? Aldermanic form of government.
My understanding is that this is probably a singular event, but the concern is that it will grow into a problem.
Is there anything in the Open Records Act that requires council persons to keep discussions in Executive Session confidential?
Ray
From: Jon Miller
Sent: Tuesday, March 15, 2022 9:25 AM
To: Phillip Morton ; oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] Councilmember speaking about executive session items
I have wondered about that from time to time. On one hand, the most effective recourse may be the political one. A city or town should be concerned if its representative is willing to breach confidences that could be financially or otherwise detrimental to the municipality’s interests. On the other hand, there could be a civil action by the city/town to require a councilmember to maintain the confidentiality of privileged communications, similar to a lawsuit to enforce a contractual confidentiality requirement. However, I would want to consider that option carefully before pulling that trigger.
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: Phillip Morton mortonlawoffice@gmail.com
Sent: Tuesday, March 15, 2022 7:58 AM
To: oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Councilmember speaking about executive session items
Is there recourse, other than criminal ssnction, when a councilmember has spoken about executive session items to a third party? Aldermanic form of government.
My understanding is that this is probably a singular event, but the concern is that it will grow into a problem.
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307(F)(1) provides for violations, but the confidentiality requirement is not stated in normal prohibitory terms, so I think it is a stretch. When asked, I have said the danger of criminal penalties and civil remedies are serious enough that the members should keep the proceedings confidential.
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
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.commailto: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.
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, March 15, 2022 1:14 PM
To: Jon Miller JMiller@cityofmustang.org; Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] Councilmember speaking about executive session items
Is there anything in the Open Records Act that requires council persons to keep discussions in Executive Session confidential?
Ray
From: Jon Miller
Sent: Tuesday, March 15, 2022 9:25 AM
To: Phillip Morton ; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] Councilmember speaking about executive session items
I have wondered about that from time to time. On one hand, the most effective recourse may be the political one. A city or town should be concerned if its representative is willing to breach confidences that could be financially or otherwise detrimental to the municipality’s interests. On the other hand, there could be a civil action by the city/town to require a councilmember to maintain the confidentiality of privileged communications, similar to a lawsuit to enforce a contractual confidentiality requirement. However, I would want to consider that option carefully before pulling that trigger.
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: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Tuesday, March 15, 2022 7:58 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Councilmember speaking about executive session items
Is there recourse, other than criminal ssnction, when a councilmember has spoken about executive session items to a third party? Aldermanic form of government.
My understanding is that this is probably a singular event, but the concern is that it will grow into a problem.
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