Empathy List Archives

PM

Phillip Morton

Tue, Mar 22, 2022 1:52 PM

Had a situation last night where the council entered executive session, but
because of the meeting location (we have one large room) the public had to
go outside....during the storms that came through.... so my question is
whether it would be permissible to call an executive session and instead of
having the public exit the room, have the council move to a different room
for the executive session. Of course, this assumes the council validly
moves the location of the meetings to a more accommodating location.

Had a situation last night where the council entered executive session, but because of the meeting location (we have one large room) the public had to go outside....during the storms that came through.... so my question is whether it would be permissible to call an executive session and instead of having the public exit the room, have the council move to a different room for the executive session. Of course, this assumes the council validly moves the location of the meetings to a more accommodating location.

JM

Jon Miller

Tue, Mar 22, 2022 2:08 PM

We have a conference room behind the council chambers to which we adjourn. It is the same locations as the noticed meeting, so I don’t see any issue. You could always include a standing statement in your meeting agenda that executive sessions will adjourn to another room if necessary.

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 22, 2022 8:52 AM
To: oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Executive session question

Had a situation last night where the council entered executive session, but because of the meeting location (we have one large room) the public had to go outside....during the storms that came through.... so my question is whether it would be permissible to call an executive session and instead of having the public exit the room, have the council move to a different room for the executive session. Of course, this assumes the council validly moves the location of the meetings to a more accommodating location.

We have a conference room behind the council chambers to which we adjourn. It is the same locations as the noticed meeting, so I don’t see any issue. You could always include a standing statement in your meeting agenda that executive sessions will adjourn to another room if necessary. 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 22, 2022 8:52 AM To: oama@lists.imla.org Subject: [CAUTION: SUSPECT SENDER] [Oama] Executive session question Had a situation last night where the council entered executive session, but because of the meeting location (we have one large room) the public had to go outside....during the storms that came through.... so my question is whether it would be permissible to call an executive session and instead of having the public exit the room, have the council move to a different room for the executive session. Of course, this assumes the council validly moves the location of the meetings to a more accommodating location.

MR

Mark Ramsey

Thu, Mar 24, 2022 11:52 PM

Particularly if the Executive Session is held in the same building and the return to regular session is where you started, I see no problem with it. There is a provision for a “continued” meeting in Section 311(A)(11), if that helps.

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.com mailto: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.com mailto: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: Phillip Morton mortonlawoffice@gmail.com
Sent: Tuesday, March 22, 2022 8:52 AM
To: oama@lists.imla.org
Subject: [Oama] Executive session question

Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.

Had a situation last night where the council entered executive session, but because of the meeting location (we have one large room) the public had to go outside....during the storms that came through.... so my question is whether it would be permissible to call an executive session and instead of having the public exit the room, have the council move to a different room for the executive session. Of course, this assumes the council validly moves the location of the meetings to a more accommodating location.

Particularly if the Executive Session is held in the same building and the return to regular session is where you started, I see no problem with it. There is a provision for a “continued” meeting in Section 311(A)(11), if that helps. 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.com<mailto: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.com<mailto: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: Phillip Morton <mortonlawoffice@gmail.com> Sent: Tuesday, March 22, 2022 8:52 AM To: oama@lists.imla.org Subject: [Oama] Executive session question Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail. ________________________________ Had a situation last night where the council entered executive session, but because of the meeting location (we have one large room) the public had to go outside....during the storms that came through.... so my question is whether it would be permissible to call an executive session and instead of having the public exit the room, have the council move to a different room for the executive session. Of course, this assumes the council validly moves the location of the meetings to a more accommodating location.