Employee Termination Appeal To Council
A police officer was terminated by the mayor and has filed a timely appeal
to council (town is Aldermanic). Obviously the council's action to reverse
the mayor's decision will be a standard agenda item, but my question is
whether the appeal should be heard in executive session?
My thought is that 25 O.S. 307(8) states that matters involving
deliberations or rendering a final or intermediate decision in an
individual proceeding pursuant to Article II of the APA is a valid purpose
for an executive session. Article II of the APA (75 O.S. 309) discusses
situations regarding hearings on individual proceedings and states under
(D) that theses may be held in executive session. This reads to me that the
appeal should be heard in executive session and then decided on in the open
meeting. Thoughts?
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
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recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.
You can also go into executive session under 25 O.S. §307(1) Discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee.
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
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From: Phillip Morton mortonlawoffice@gmail.com
Sent: Friday, June 18, 2021 3:05 PM
To: oama@lists.imla.org
Subject: [Oama] Employee Termination Appeal To Council
A police officer was terminated by the mayor and has filed a timely appeal to council (town is Aldermanic). Obviously the council's action to reverse the mayor's decision will be a standard agenda item, but my question is whether the appeal should be heard in executive session?
My thought is that 25 O.S. 307(8) states that matters involving deliberations or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the APA is a valid purpose for an executive session. Article II of the APA (75 O.S. 309) discusses situations regarding hearings on individual proceedings and states under (D) that theses may be held in executive session. This reads to me that the appeal should be heard in executive session and then decided on in the open meeting. Thoughts?
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
