Meeting without adequate Notice
Group,
Have had a town post and have a special meeting. Only after the minutes were approved was it brought to attention the fact that it was not posted 48 hours prior to the meeting occurring (new clerk).
How do we correct it. Have meeting all over and basically "redo" it? Any pitfalls to avoid?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
The OMA only requires that notice be delivered to the clerk 48 hours ahead
of time. Then the agenda must be posted 24 hours in advance of the meeting.
- Special meetings of public bodies shall not be held without public
notice being given at least forty-eight (48) hours prior to the meetings.
Such public notice of date, time and place shall be given in writing, in
person or by telephonic means to . . . the municipal clerk by public bodies
in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this subsection.
25 O.S. § 311(12) (emphasis supplied).
Kim Spady
From: Larry Vickers larry@lvickerslaw.com
Sent: Wednesday, February 9, 2022 1:31 PM
To: OAMA@lists.imla.org
Subject: [Oama] Meeting without adequate Notice
Group,
Have had a town post and have a special meeting. Only after the minutes were
approved was it brought to attention the fact that it was not posted 48
hours prior to the meeting occurring (new clerk).
How do we correct it. Have meeting all over and basically "redo" it? Any
pitfalls to avoid?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.com http://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
In addition to the notice to the municipal clerk, the public notice must be sent to those who have requested copies of the notice 48 hours prior to the meeting:
Special meetings of public bodies shall not be held without public notice being given at least forty eight (48) hours prior to said meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to the Secretary of State or to the county clerk or to the municipal clerk by public bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this section. The public body also shall cause written notice of the date, time and place of the meeting to be mailed or delivered to each person, newspaper, wire service, radio station, and television station that has filed a written request for notice of meetings of the public body with the clerk or secretary of the public body or with some other person designated by the public body. Such written notice shall be mailed or delivered at least forty eight (48) hours prior to the special meeting. The public body may charge a fee of up to Eighteen Dollars ($18.00) per year to persons or entities filing a written request for notice of meetings, and may require such persons or entities to renew the request for notice annually. In addition, all public bodies shall, at least twenty four (24) hours prior to such special meetings, display public notice of said meeting, setting forth thereon the date, time, place and agenda for said meeting.
Our city has a list of newspapers and others who have requested the written notice be delivered.
If there are any doubts, the best thing to do is to place those matters on another agenda (another special one if there are deadlines that are of concern) and rehear and approve (or deny) them again.
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: Kim@spadylaw.com Kim@spadylaw.com
Sent: Wednesday, February 9, 2022 2:04 PM
To: 'Larry Vickers' larry@lvickerslaw.com; OAMA@lists.imla.org
Subject: [Oama] Re: Meeting without adequate Notice
The OMA only requires that notice be delivered to the clerk 48 hours ahead of time. Then the agenda must be posted 24 hours in advance of the meeting.
- Special meetings of public bodies shall not be held without public notice being given at least forty-eight (48) hours prior to the meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to . . . the municipal clerk by public bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this subsection.
25 O.S. § 311(12) (emphasis supplied).
Kim Spady
[cid:image001.jpg@01D81DC5.71097E40]
From: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>
Sent: Wednesday, February 9, 2022 1:31 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Meeting without adequate Notice
Group,
Have had a town post and have a special meeting. Only after the minutes were approved was it brought to attention the fact that it was not posted 48 hours prior to the meeting occurring (new clerk).
How do we correct it. Have meeting all over and basically "redo" it? Any pitfalls to avoid?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttps://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=3205358efb8042649e45a4319fb56f1e
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
Thanks!!
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Jon Miller JMiller@cityofmustang.org
Sent: Wednesday, February 9, 2022 2:58:07 PM
To: Kim@spadylaw.com; Larry Vickers; OAMA@lists.imla.org
Subject: RE: [Oama] Re: Meeting without adequate Notice
In addition to the notice to the municipal clerk, the public notice must be sent to those who have requested copies of the notice 48 hours prior to the meeting:
Special meetings of public bodies shall not be held without public notice being given at least forty eight (48) hours prior to said meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to the Secretary of State or to the county clerk or to the municipal clerk by public bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this section. The public body also shall cause written notice of the date, time and place of the meeting to be mailed or delivered to each person, newspaper, wire service, radio station, and television station that has filed a written request for notice of meetings of the public body with the clerk or secretary of the public body or with some other person designated by the public body. Such written notice shall be mailed or delivered at least forty eight (48) hours prior to the special meeting. The public body may charge a fee of up to Eighteen Dollars ($18.00) per year to persons or entities filing a written request for notice of meetings, and may require such persons or entities to renew the request for notice annually. In addition, all public bodies shall, at least twenty four (24) hours prior to such special meetings, display public notice of said meeting, setting forth thereon the date, time, place and agenda for said meeting.
Our city has a list of newspapers and others who have requested the written notice be delivered.
If there are any doubts, the best thing to do is to place those matters on another agenda (another special one if there are deadlines that are of concern) and rehear and approve (or deny) them again.
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: Kim@spadylaw.com Kim@spadylaw.com
Sent: Wednesday, February 9, 2022 2:04 PM
To: 'Larry Vickers' larry@lvickerslaw.com; OAMA@lists.imla.org
Subject: [Oama] Re: Meeting without adequate Notice
The OMA only requires that notice be delivered to the clerk 48 hours ahead of time. Then the agenda must be posted 24 hours in advance of the meeting.
- Special meetings of public bodies shall not be held without public notice being given at least forty-eight (48) hours prior to the meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to . . . the municipal clerk by public bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this subsection.
25 O.S. § 311(12) (emphasis supplied).
Kim Spady
[cid:image001.jpg@01D81DC5.71097E40]
From: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>
Sent: Wednesday, February 9, 2022 1:31 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Meeting without adequate Notice
Group,
Have had a town post and have a special meeting. Only after the minutes were approved was it brought to attention the fact that it was not posted 48 hours prior to the meeting occurring (new clerk).
How do we correct it. Have meeting all over and basically "redo" it? Any pitfalls to avoid?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttps://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=3205358efb8042649e45a4319fb56f1e
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
While Larry's issue turned out to not require a redo, I did want to point
everyone to State ex rel. Trimble v. City of Moore, 1991 OK 97, 818 P.2d
889. There, the Court found that an OMA challenge was moot because the City
had placed the challenged matter back on a subsequent agenda, had fully
reconsidered the matter and had ratified the prior vote. Ratification moots
any OMA challenge.
I've used ratification a few times. One time it was a Special meeting where
the agenda wasn't given to me until after I arrived. VERY short meeting and
as they were adjourning I noted that they had put the wrong date for the
meeting on the agenda. We went ahead and put the single item that was
considered back on the next Regular meeting agenda and I made them fully
discuss the issue again (I don't think you can do it just through consent
or just go through the motions - after all, it's the entire
deliberative process that is conducting business) and then vote again. The
other was actually an OMAG lawsuit where a person had been fired after an
ES that was listed as just being an item to conduct a PE. We recommended
(and defense counsel concurred) that they should call a special meeting and
list an ES to discuss the person's employment with a clear action item to
consider possible termination of employment. Ironically, the lawsuit got
filed between the two meetings and after the Town fully reconsidered the
matter and voted to terminate once again the Plaintiff amended their
lawsuit to allege a OMA retaliation claim (essentially a you fired me
illegally under the OMA and then retaliated against me by firing me again
after I sued you!). It was very entertaining watching a Federal magistrate
try to explain to the Plaintiff's attorney that his "retaliation" claim
wasn't a claim but was the action that mooted his original OMA claim.
On Wed, Feb 9, 2022 at 3:40 PM Larry Vickers larry@lvickerslaw.com wrote:
Thanks!!
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
*Muskogee, Oklahoma 74401 *
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.com http://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
From: Jon Miller JMiller@cityofmustang.org
Sent: Wednesday, February 9, 2022 2:58:07 PM
To: Kim@spadylaw.com; Larry Vickers; OAMA@lists.imla.org
Subject: RE: [Oama] Re: Meeting without adequate Notice
In addition to the notice to the municipal clerk, the public notice must
be sent to those who have requested copies of the notice 48 hours prior to
the meeting:
Special meetings of public bodies shall not be held without public notice
being given at least forty eight (48) hours prior to said meetings. Such
public notice of date, time and place shall be given in writing, in person
or by telephonic means to the Secretary of State or to the county clerk or
to the municipal clerk by public bodies in the manner set forth in
paragraphs 2, 3, 4, 5 and 6 of this section. The public body also shall
cause written notice of the date, time and place of the meeting to be
mailed or delivered to each person, newspaper, wire service, radio station,
and television station that has filed a written request for notice of
meetings of the public body with the clerk or secretary of the public body
or with some other person designated by the public body. Such written
notice shall be mailed or delivered at least forty eight (48) hours prior
to the special meeting. The public body may charge a fee of up to
Eighteen Dollars ($18.00) per year to persons or entities filing a written
request for notice of meetings, and may require such persons or entities to
renew the request for notice annually. In addition, all public bodies
shall, at least twenty four (24) hours prior to such special meetings,
display public notice of said meeting, setting forth thereon the date,
time, place and agenda for said meeting.
Our city has a list of newspapers and others who have requested the
written notice be delivered.
If there are any doubts, the best thing to do is to place those matters on
another agenda (another special one if there are deadlines that are of
concern) and rehear and approve (or deny) them again.
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: Kim@spadylaw.com Kim@spadylaw.com
Sent: Wednesday, February 9, 2022 2:04 PM
To: 'Larry Vickers' larry@lvickerslaw.com; OAMA@lists.imla.org
Subject: [Oama] Re: Meeting without adequate Notice
The OMA only requires that notice be delivered to the clerk 48 hours ahead
of time. Then the agenda must be posted 24 hours in advance of the meeting.
- Special meetings of public bodies shall not be held without public
notice being given at least forty-eight (48) hours prior to the meetings.
Such public notice of date, time and place shall be given in writing, in
person or by telephonic means to . . . the municipal clerk by public
bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this
subsection.
25 O.S. § 311(12) (emphasis supplied).
Kim Spady
From: Larry Vickers larry@lvickerslaw.com
Sent: Wednesday, February 9, 2022 1:31 PM
To: OAMA@lists.imla.org
Subject: [Oama] Meeting without adequate Notice
Group,
Have had a town post and have a special meeting. Only after the minutes
were approved was it brought to attention the fact that it was not posted
48 hours prior to the meeting occurring (new clerk).
How do we correct it. Have meeting all over and basically "redo" it? Any
pitfalls to avoid?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
*Muskogee, Oklahoma 74401 *
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.com
https://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=3205358efb8042649e45a4319fb56f1e
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
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