Fellow Attorneys, 

1. The City of Eufaula has no Ordinance regarding who may place an item on an Agenda. We are the Council/Manager form of Government; we have no charter. 
   Is there a state statute regarding who may place an item on the Agenda?
2. Does a proclamation, such as "Black Lives Matter", or "Pride Month", need to be on an Agenda and passed by a majority vote, or can it simply be signed by a Mayor without any City approval?
   (We have a citizen who is upset because Gay Pride Month was not placed on the Agenda, and the citizen wishes for the Mayor to sign a Proclamation.) (The Citizen informed me that she is contacting the ACLU for Eufaula's failure to Agenda this item, and the Mayor's failure to independently sign a proclamation)
   Any thoughts on this matter shall be appreciated.

Thanks, 
Kay Wall918-689-7737

Kay,

Generally, I am aware of no authority giving individual citizens a right to place items on a city council agenda for discussion.  If a councilmember wants something to be placed on an agenda for discussion an effort is usually made to accommodate that request if it involves a city matter or issue.  The city manager generally includes those business items that require council approval.  However, a resident cannot add an item to a city council agenda for discussion.  The citizen’s recourse is to discuss the matter with their councilmember.  That said, a council can adopt rules it wishes to follow.  11 Okla. Stat. § 10-109.  I know of no reason the rules could not address who can add an item to the agenda.  Keep in mind that the purpose of the agenda is the conduct the city’s business.  At least one AG opinion has held that a public body is not required to afford citizens a right to be heard at public meetings.  Of course, if an item is set for public hearing a citizen can speak but the chair can restrict comments to that agenda item).  If the council allowed anyone to add an agenda item, it may inadvertently make the council meeting a “public forum” to which certain constitutional rights could attach.

On your second question, the council determines matters of policy.  11 Okla. Stat. § 10-106.  A proclamation or resolution supporting a particular group or position would seem to be a matter of policy and would lie within the authority of the city council to determine by appropriate vote.  Generally, the mayor has the authority granted by ordinance or statute.  The mayor’s role is largely ceremonial, although a mayor has certain statutory powers in an emergency.

Good luck.

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: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Monday, June 12, 2023 3:22 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Agenda/Proclamation/City of Eufaula

Fellow Attorneys,  1) The City of Eufaula has no Ordinance regarding who may place an item on an Agenda. We are the Council/Manager form of Government; we have no charter.  Is there a state

Fellow Attorneys,

1. The City of Eufaula has no Ordinance regarding who may place an item on an Agenda. We are the Council/Manager form of Government; we have no charter.

Is there a state statute regarding who may place an item on the Agenda?

2. Does a proclamation, such as "Black Lives Matter", or "Pride Month", need to be on an Agenda and passed by a majority vote, or can it simply be signed by a Mayor without any City approval?

(We have a citizen who is upset because Gay Pride Month was not placed on the Agenda, and the citizen wishes for the Mayor to sign a Proclamation.) (The Citizen informed me that she is contacting the ACLU for Eufaula's failure to Agenda this item, and the Mayor's failure to independently sign a proclamation)

Any thoughts on this matter shall be appreciated.

Thanks,

Kay Wall
918-689-7737

There was a great discussion on this during the OAMA spring meeting.

I think it was David Weatherford who offered that his municipality established an agenda policy that prohibits items of a purely controversial or political nature.  That doesn’t really help you now, but it seems to me to be a good policy to adopt proactively.

Kim Spady

From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, June 12, 2023 4:27 PM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Agenda/Proclamation/City of Eufaula

Kay,

Generally, I am aware of no authority giving individual citizens a right to place items on a city council agenda for discussion.  If a councilmember wants something to be placed on an agenda for discussion an effort is usually made to accommodate that request if it involves a city matter or issue.  The city manager generally includes those business items that require council approval.  However, a resident cannot add an item to a city council agenda for discussion.  The citizen’s recourse is to discuss the matter with their councilmember.  That said, a council can adopt rules it wishes to follow.  11 Okla. Stat. § 10-109.  I know of no reason the rules could not address who can add an item to the agenda.  Keep in mind that the purpose of the agenda is the conduct the city’s business.  At least one AG opinion has held that a public body is not required to afford citizens a right to be heard at public meetings.  Of course, if an item is set for public hearing a citizen can speak but the chair can restrict comments to that agenda item).  If the council allowed anyone to add an agenda item, it may inadvertently make the council meeting a “public forum” to which certain constitutional rights could attach.

On your second question, the council determines matters of policy.  11 Okla. Stat. § 10-106.  A proclamation or resolution supporting a particular group or position would seem to be a matter of policy and would lie within the authority of the city council to determine by appropriate vote.  Generally, the mayor has the authority granted by ordinance or statute.  The mayor’s role is largely ceremonial, although a mayor has certain statutory powers in an emergency.

Good luck.

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: Kay Robbins Wall <lkrw@sbcglobal.net mailto:lkrw@sbcglobal.net >
Sent: Monday, June 12, 2023 3:22 PM
To: OAMA Luistserv <oama@lists.imla.org mailto:oama@lists.imla.org >
Subject: [Oama] Agenda/Proclamation/City of Eufaula

Fellow Attorneys,  1) The City of Eufaula has no Ordinance regarding who may place an item on an Agenda. We are the Council/Manager form of Government; we have no charter.  Is there a state

sophospsmartbannerend

Fellow Attorneys,

1. The City of Eufaula has no Ordinance regarding who may place an item on an Agenda. We are the Council/Manager form of Government; we have no charter.

Is there a state statute regarding who may place an item on the Agenda?

2. Does a proclamation, such as "Black Lives Matter", or "Pride Month", need to be on an Agenda and passed by a majority vote, or can it simply be signed by a Mayor without any City approval?

(We have a citizen who is upset because Gay Pride Month was not placed on the Agenda, and the citizen wishes for the Mayor to sign a Proclamation.) (The Citizen informed me that she is contacting the ACLU for Eufaula's failure to Agenda this item, and the Mayor's failure to independently sign a proclamation)

Any thoughts on this matter shall be appreciated.

Thanks,

Kay Wall

918-689-7737

Thanks Kim.  In Sand Springs, the City Council amended their council handbook to impose the restriction that they would:

Ensure that only appropriate city business is included on an agenda for consideration; the council and staff will endeavor to avoid including items that involve solely national political issues or policy statements that do not have a direct relation with local, municipal operations.

I think having it the handbook is a good way for council to regulate the agenda content (unless you have a charter or ordinance requirement).

Kay’s question about proclamations is a good one, as the number of requests will continue to increase, some valid and some not.  I found the policy below from an out of state of city and am working on a policy for Sand Springs to deal with this issue.  I’ve always had the concern of whether a Mayor had the authority to issue proclamations without some delegation of authority to authorize, and if they are voted on some will cause disruption.  There are parts of this one I will change, but it is a start (again, we will propose it as a handbook amendment for council):

Proclamation Request

The Mayor receives hundreds of requests for Mayoral Proclamations each year. Here are a few guidelines if you would like to request one.

• The request must be made in writing with a minimum of two weeks advance notice

• You must include contact information - name, phone number, email address

• You must Include:

• Facts about the subject matter

• Specific title of proclamation

• Date proclamation is needed

• Name and brief description for the event

• Requested proclamation language

• Proclamations need to be picked up from City Hall. Proclamations will not be mailed.

Policy:

• City has the right to deny requests

• Proclamation may be edited

• Person making request should be a citizen of City (unless approved by Mayor)

• Proclamations are to recognize:

• an organization's event or special action

• an extraordinary achievement

• public awareness campaigns

• arts and cultural celebrations

• certain events or causes which positively impact the community and conveys an affirmative message to residents

• groundbreaking/business openings

• Organizations may only request one proclamation annually

• Proclamations are ceremonial (no legislative or legal value)

Proclamations will NOT be issued for:

• Political matters

• Controversial issues

• Events or organizations with no direct relationship to the city

• For profit

• Business endorsement

• Letters of Congratulations, including:

• Retirements

• Birthdays

• Wedding /Wedding Anniversaries

• Deceased persons

• Religious events or celebrations

• Family/Class reunions

David L. Weatherford

Attorney At Law

1141 East 37th Street

Tulsa, OK  74105

(918) 743-8355

(918) 743-7478 (fax)

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, June 13, 2023 8:23 PM
To: 'OAMA Luistserv' oama@lists.imla.org; 'Kay Robbins Wall' lkrw@sbcglobal.net; 'Jon Miller' JMiller@cityofmustang.org
Subject: [Oama] Re: Agenda/Proclamation/City of Eufaula

There was a great discussion on this during the OAMA spring meeting.

I think it was David Weatherford who offered that his municipality established an agenda policy that prohibits items of a purely controversial or political nature.  That doesn’t really help you now, but it seems to me to be a good policy to adopt proactively.

Kim Spady

From: Jon Miller <JMiller@cityofmustang.org mailto:JMiller@cityofmustang.org >
Sent: Monday, June 12, 2023 4:27 PM
To: Kay Robbins Wall <lkrw@sbcglobal.net mailto:lkrw@sbcglobal.net >; OAMA Luistserv <oama@lists.imla.org mailto:oama@lists.imla.org >
Subject: [Oama] Re: Agenda/Proclamation/City of Eufaula

Kay,

Generally, I am aware of no authority giving individual citizens a right to place items on a city council agenda for discussion.  If a councilmember wants something to be placed on an agenda for discussion an effort is usually made to accommodate that request if it involves a city matter or issue.  The city manager generally includes those business items that require council approval.  However, a resident cannot add an item to a city council agenda for discussion.  The citizen’s recourse is to discuss the matter with their councilmember.  That said, a council can adopt rules it wishes to follow.  11 Okla. Stat. § 10-109.  I know of no reason the rules could not address who can add an item to the agenda.  Keep in mind that the purpose of the agenda is the conduct the city’s business.  At least one AG opinion has held that a public body is not required to afford citizens a right to be heard at public meetings.  Of course, if an item is set for public hearing a citizen can speak but the chair can restrict comments to that agenda item).  If the council allowed anyone to add an agenda item, it may inadvertently make the council meeting a “public forum” to which certain constitutional rights could attach.

On your second question, the council determines matters of policy.  11 Okla. Stat. § 10-106.  A proclamation or resolution supporting a particular group or position would seem to be a matter of policy and would lie within the authority of the city council to determine by appropriate vote.  Generally, the mayor has the authority granted by ordinance or statute.  The mayor’s role is largely ceremonial, although a mayor has certain statutory powers in an emergency.

Good luck.

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: Kay Robbins Wall <lkrw@sbcglobal.net mailto:lkrw@sbcglobal.net >
Sent: Monday, June 12, 2023 3:22 PM
To: OAMA Luistserv <oama@lists.imla.org mailto:oama@lists.imla.org >
Subject: [Oama] Agenda/Proclamation/City of Eufaula

Fellow Attorneys,  1) The City of Eufaula has no Ordinance regarding who may place an item on an Agenda. We are the Council/Manager form of Government; we have no charter.  Is there a state

sophospsmartbannerend

Fellow Attorneys,

1. The City of Eufaula has no Ordinance regarding who may place an item on an Agenda. We are the Council/Manager form of Government; we have no charter.

Is there a state statute regarding who may place an item on the Agenda?

2. Does a proclamation, such as "Black Lives Matter", or "Pride Month", need to be on an Agenda and passed by a majority vote, or can it simply be signed by a Mayor without any City approval?

(We have a citizen who is upset because Gay Pride Month was not placed on the Agenda, and the citizen wishes for the Mayor to sign a Proclamation.) (The Citizen informed me that she is contacting the ACLU for Eufaula's failure to Agenda this item, and the Mayor's failure to independently sign a proclamation)

Any thoughts on this matter shall be appreciated.

Thanks,

Kay Wall

918-689-7737