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25 O.S. Section 307 B 1--"Individual salaried public officer"

RC
Richard Cochran
Mon, Dec 12, 2022 4:38 PM

Any thoughts would be appreciated.

Does the term "individual salaried public officer" include a board
member of a public trust, when that board member does not receive any
salary? The City is aldermanic, and the Council will be appointing a
person to fill a vacancy on a public trust. The City is the beneficiary
of this Trust.  So, the question is ultimately whether the City Council
may go into executive session for this issue.

One AG opinion states:

Opinion No. 92-23 (1992) (Okla.Atty.Gen. Nov. 24, 1992)

" ¶ 5 Your question thus appears to be answered directly by the
provisions of 307 of the Open Meeting Act. Although your question
specifically addresses individuals appointed to fill a vacancy in an
elective county office, we find that the provision of 307 allowing
executive sessions to discuss the appointment of public officials
generally is broad enough to include those salaried employees and public
officials who are appointed to fill vacancies."

Thanks.

Richard A. Cochran, Jr.

City Attorney for Marietta

NOTICE:  THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF
THE SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR
FEDERAL LAWS.  THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY
AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION.  THIS
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COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND
PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED
RECIPIENT, YOU ARE NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU.

RICHARD A. COCHRAN, JR.,  P.C.
ATTORNEY AT LAW
309 WEST MAIN
P. O. BOX 262
MARIETTA, OKLAHOMA 73448-0262

580/276-5111
FAX: 888/564-1355

Any thoughts would be appreciated. Does the term "individual salaried public officer" include a board member of a public trust, when that board member does not receive any salary? The City is aldermanic, and the Council will be appointing a person to fill a vacancy on a public trust. The City is the beneficiary of this Trust.  So, the question is ultimately whether the City Council may go into executive session for this issue. One AG opinion states: Opinion No. 92-23 (1992) (Okla.Atty.Gen. Nov. 24, 1992) " ¶ 5 Your question thus appears to be answered directly by the provisions of 307 of the Open Meeting Act. Although your question specifically addresses individuals appointed to fill a vacancy in an elective county office, we find that the provision of 307 allowing executive sessions to discuss the appointment of public officials generally is broad enough to include those salaried employees and public officials who are appointed to fill vacancies." Thanks. Richard A. Cochran, Jr. City Attorney for Marietta NOTICE:  THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF THE SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR FEDERAL LAWS.  THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION.  THIS EMAIL IS INTENDED FOR THE ADDRESSEE ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU. RICHARD A. COCHRAN, JR.,  P.C. ATTORNEY AT LAW 309 WEST MAIN P. O. BOX 262 MARIETTA, OKLAHOMA 73448-0262 ---------- 580/276-5111 FAX: 888/564-1355