oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

Notice of Meeting - Good Friday

JW
Joe Weaver
Wed, Apr 5, 2023 3:18 PM

Colleagues:

Title 25 O.S § 311 of the Oklahoma Open Meeting Act requires notice of a public meeting to be given either 24 or 48 hours in advance, depending upon the nature of the notice and meeting.  The notice requirement excludes Saturdays, Sundays, and holidays legally declared by the State of Oklahoma.  Good Friday is not an Official State Holiday.  Even if a City is closed on Good Friday, it is my opinion that Good Friday can be included in the notice time since same is not a holiday legally declared by the State of Oklahoma.

Please let me know if you have any thoughts or authority otherwise.

Thanks
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

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 any 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.

Colleagues: Title 25 O.S § 311 of the Oklahoma Open Meeting Act requires notice of a public meeting to be given either 24 or 48 hours in advance, depending upon the nature of the notice and meeting. The notice requirement excludes Saturdays, Sundays, and holidays legally declared by the State of Oklahoma. Good Friday is not an Official State Holiday. Even if a City is closed on Good Friday, it is my opinion that Good Friday can be included in the notice time since same is not a holiday legally declared by the State of Oklahoma. Please let me know if you have any thoughts or authority otherwise. Thanks NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. 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 any 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.
ML
Matt Love
Fri, Apr 7, 2023 3:50 PM

Joe,

Since it's already Good Friday, I'll start by saying - I agree with you.

There are two different notice requirements - the notice of meeting and
then the agenda deadline. The first depends on the type of meeting - the
Regular meetings are set the December prior and can only be changed with 10
days notice while Special meetings can be called with 48 hours notice of
the date/time/location given in writing to the clerk (no posting
requirement). 311 doesn't exclude weekends or holidays from either the 10
day change deadline or 48 hour notice deadline. I'm not aware of any case
or AG opinion that reached a different conclusion.

The 24 hour deadline for the posting of the agenda is expressly subject to
the exclusion of weekends and holidays. But both 311(A)(10) & (12) only
exclude "holidays legally declared by the State of Oklahoma." Since Good
Friday is not a holiday legally declared by the State of Oklahoma, it would
not be excluded from the 24 hour calculation. The Legislature could have
included verbiage such as "holidays legally declared by the State of
Oklahoma as well as those legally declared by the Public Body." With that
kind of verbiage, the 24 hour deadline would have a baseline of excluding
all State holidays and then could be more restrictive within particular
public entities if those entities had declared additional or different
holidays. But that's not how the deadlines work in the statute.

The only way the City observing a holiday could potentially impact the
posting deadline is if you complied with the agenda requirement by posting
at a physical location and then only if the place you post (in prominent
public view) was for some reason not accessible due to the City being
closed for the City declared holiday. I highly doubt that is a potential
issue here.

Matt

On Wed, Apr 5, 2023 at 10:19 AM Joe Weaver jweaver@basslaw.net wrote:

Colleagues:

Title 25 O.S § 311 of the Oklahoma Open Meeting Act requires notice of a
public meeting to be given either 24 or 48 hours in advance, depending upon
the nature of the notice and meeting.  The notice requirement excludes
Saturdays, Sundays, and holidays legally declared by the State of
Oklahoma.  Good Friday is not an Official State Holiday.  Even if a City is
closed on Good Friday, it is my opinion that Good Friday can be included in
the notice time since same is not a holiday legally declared by the State
of Oklahoma.

Please let me know if you have any thoughts or authority otherwise.

Thanks

NOTICE: The information contained in this transmission is or may be
protected by the attorney-client and/or the attorney work product privilege
and is confidential. It is intended only for the use of the individual or
entity identified above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination or distribution of
the accompanying communication is prohibited. No applicable privilege is
waived by the party sending this communication. If you have received this
communication in error, please notify us immediately by reply and delete
the original message from your system. 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 any
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.

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

Joe, Since it's already Good Friday, I'll start by saying - I agree with you. There are two different notice requirements - the notice of meeting and then the agenda deadline. The first depends on the type of meeting - the Regular meetings are set the December prior and can only be changed with 10 days notice while Special meetings can be called with 48 hours notice of the date/time/location given in writing to the clerk (no posting requirement). 311 doesn't exclude weekends or holidays from either the 10 day change deadline or 48 hour notice deadline. I'm not aware of any case or AG opinion that reached a different conclusion. The 24 hour deadline for the posting of the agenda is expressly subject to the exclusion of weekends and holidays. But both 311(A)(10) & (12) only exclude "holidays legally declared by the State of Oklahoma." Since Good Friday is not a holiday legally declared by the State of Oklahoma, it would not be excluded from the 24 hour calculation. The Legislature could have included verbiage such as "holidays legally declared by the State of Oklahoma *as well as those legally declared by the Public Body*." With that kind of verbiage, the 24 hour deadline would have a baseline of excluding all State holidays and then could be more restrictive within particular public entities if those entities had declared additional or different holidays. But that's not how the deadlines work in the statute. The only way the City observing a holiday could potentially impact the posting deadline is if you complied with the agenda requirement by posting at a physical location and then only if the place you post (in prominent public view) was for some reason not accessible due to the City being closed for the City declared holiday. I highly doubt that is a potential issue here. Matt On Wed, Apr 5, 2023 at 10:19 AM Joe Weaver <jweaver@basslaw.net> wrote: > Colleagues: > > > > Title 25 O.S § 311 of the Oklahoma Open Meeting Act requires notice of a > public meeting to be given either 24 or 48 hours in advance, depending upon > the nature of the notice and meeting. The notice requirement excludes > Saturdays, Sundays, and holidays legally declared by the State of > Oklahoma. Good Friday is not an Official State Holiday. Even if a City is > closed on Good Friday, it is my opinion that Good Friday can be included in > the notice time since same is not a holiday legally declared by the State > of Oklahoma. > > > > Please let me know if you have any thoughts or authority otherwise. > > > > Thanks > > > > *NOTICE: The information contained in this transmission is or may be > protected by the attorney-client and/or the attorney work product privilege > and is confidential. It is intended only for the use of the individual or > entity identified above. If the reader of this message is not the intended > recipient you are hereby notified that any dissemination or distribution of > the accompanying communication is prohibited. No applicable privilege is > waived by the party sending this communication. If you have received this > communication in error, please notify us immediately by reply and delete > the original message from your system. 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 any > 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.* > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >