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2 Questions - Open Meetings Related

K
Kim@spadylaw.com
Fri, Apr 15, 2022 4:26 PM

I have a couple of questions related to meetings and agendas and am hoping
you all can share some insight.

  1. The municipality has a simple website and posts the governing body’s
    agendas on the website. Does 74 O.S. § 3106.2 also require that the agendas
    of the planning commission be posted on the website? How about agendas of
    public trusts that benefit the municipality?

  2. Does the Open Meetings Act apply to meetings of the Chief and
    officers of the volunteer fire department?  All of the members of the
    volunteer fire department regularly meet for training, etc. and I think
    that’s akin to a staff meeting. But when the Chief and officers meet to
    discuss and decide department business, is that a meeting subject to the
    OMA?  I have never heard of a volunteer fire department posting meeting
    notices and agendas, but this question was raised recently. As I’ve re-read
    the OMA and given this some thought, I am not sure the VFD officers are
    different than the library board, for example.

Thanks for your thoughts – and best wishes for a blessed weekend.

Kim Spady

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I have a couple of questions related to meetings and agendas and am hoping you all can share some insight. 1. The municipality has a simple website and posts the governing body’s agendas on the website. Does 74 O.S. § 3106.2 also require that the agendas of the planning commission be posted on the website? How about agendas of public trusts that benefit the municipality? 2. Does the Open Meetings Act apply to meetings of the Chief and officers of the volunteer fire department? All of the members of the volunteer fire department regularly meet for training, etc. and I think that’s akin to a staff meeting. But when the Chief and officers meet to discuss and decide department business, is that a meeting subject to the OMA? I have never heard of a volunteer fire department posting meeting notices and agendas, but this question was raised recently. As I’ve re-read the OMA and given this some thought, I am not sure the VFD officers are different than the library board, for example. Thanks for your thoughts – and best wishes for a blessed weekend. Kim Spady CONFIDENTIALITY NOTE: The information in this electronic mail, including attachments, is sent by, or on behalf of, an attorney and is intended to be the private confidential property of the sender. The materials are intended solely for the receipt, use, benefit and information of the recipient indicated above. This communication may be protected by the attorney-client privilege, the work-product privilege, or other legal rules. If the reader of this message is not the intended recipient, you are notified that retention, use, review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this transmission or attachments is strictly prohibited. If you have received this transmission in error, please notify us immediately by electronic mail or telephone (405-542-6056) and arrange for the destruction or return of this transmission to us. Thank you for your cooperation.
BP
Boulden, Patrick
Fri, Apr 15, 2022 5:46 PM

Kim,

Section 3106.2 provides that the definition of "public body" is as defined in 25 O.S. 304, which does include public trusts and planning commissions. I do not know what statutes this volunteer fire department was created under, but generally the OMA does not apply to administrative personnel meeting with employees, or volunteers. It only applies to public bodies that are "governing bodies" and I presumptively assume the volunteers are not also members of a public body that governs the volunteer fire department.

Hope this helps.

Patrick

Patrick Boulden | Council Administrator

Office of the Tulsa City Council

175 East Second Street, Fourth Floor

Tulsa, OK 74103-3202

T: 918-596-1967

C: 918-284-1417

E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org


From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Friday, April 15, 2022 11:26 AM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: [Oama] 2 Questions - Open Meetings Related

I have a couple of questions related to meetings and agendas and am hoping you all can share some insight.

  1. The municipality has a simple website and posts the governing body’s agendas on the website. Does 74 O.S. § 3106.2 also require that the agendas of the planning commission be posted on the website? How about agendas of public trusts that benefit the municipality?

  2. Does the Open Meetings Act apply to meetings of the Chief and officers of the volunteer fire department?  All of the members of the volunteer fire department regularly meet for training, etc. and I think that’s akin to a staff meeting. But when the Chief and officers meet to discuss and decide department business, is that a meeting subject to the OMA?  I have never heard of a volunteer fire department posting meeting notices and agendas, but this question was raised recently. As I’ve re-read the OMA and given this some thought, I am not sure the VFD officers are different than the library board, for example.

Thanks for your thoughts – and best wishes for a blessed weekend.

Kim Spady

[cid:image001.jpg@01D850BB.02F47030]

CONFIDENTIALITY NOTE:

The information in this electronic mail, including attachments, is sent by, or on behalf of, an attorney and is intended to be the private confidential property of the sender. The materials are intended solely for the receipt, use, benefit and information of the recipient indicated above. This communication may be protected by the attorney-client privilege, the work-product privilege, or other legal rules. If the reader of this message is not the intended recipient, you are notified that retention, use, review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this transmission or attachments is strictly prohibited. If you have received this transmission in error, please notify us immediately by electronic mail or telephone (405-542-6056) and arrange for the destruction or return of this transmission to us.  Thank you for your cooperation.

CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

Kim, Section 3106.2 provides that the definition of "public body" is as defined in 25 O.S. 304, which does include public trusts and planning commissions. I do not know what statutes this volunteer fire department was created under, but generally the OMA does not apply to administrative personnel meeting with employees, or volunteers. It only applies to public bodies that are "governing bodies" and I presumptively assume the volunteers are not also members of a public body that governs the volunteer fire department. Hope this helps. Patrick Patrick Boulden | Council Administrator Office of the Tulsa City Council 175 East Second Street, Fourth Floor Tulsa, OK 74103-3202 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org> ________________________________ From: Kim@spadylaw.com <Kim@spadylaw.com> Sent: Friday, April 15, 2022 11:26 AM To: 'OAMA luistserv' <oama@lists.imla.org> Subject: [Oama] 2 Questions - Open Meetings Related I have a couple of questions related to meetings and agendas and am hoping you all can share some insight. 1. The municipality has a simple website and posts the governing body’s agendas on the website. Does 74 O.S. § 3106.2 also require that the agendas of the planning commission be posted on the website? How about agendas of public trusts that benefit the municipality? 1. Does the Open Meetings Act apply to meetings of the Chief and officers of the volunteer fire department? All of the members of the volunteer fire department regularly meet for training, etc. and I think that’s akin to a staff meeting. But when the Chief and officers meet to discuss and decide department business, is that a meeting subject to the OMA? I have never heard of a volunteer fire department posting meeting notices and agendas, but this question was raised recently. As I’ve re-read the OMA and given this some thought, I am not sure the VFD officers are different than the library board, for example. Thanks for your thoughts – and best wishes for a blessed weekend. Kim Spady [cid:image001.jpg@01D850BB.02F47030] CONFIDENTIALITY NOTE: The information in this electronic mail, including attachments, is sent by, or on behalf of, an attorney and is intended to be the private confidential property of the sender. The materials are intended solely for the receipt, use, benefit and information of the recipient indicated above. This communication may be protected by the attorney-client privilege, the work-product privilege, or other legal rules. If the reader of this message is not the intended recipient, you are notified that retention, use, review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this transmission or attachments is strictly prohibited. If you have received this transmission in error, please notify us immediately by electronic mail or telephone (405-542-6056) and arrange for the destruction or return of this transmission to us. Thank you for your cooperation. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.