Public hearing & meeting regarding implementation of zoning is scheduled for city hall. One of the councilmembers has asked that it be moved to the high school auditorium to allow for the big crowd that's expected. I think that would probably be wise. The notices state it will be at city hall. If we post notices at city hall redirecting folks to the high school and then start the meeting about 10 minutes late to allow for the redirection, do you see any problem with this? I think that would be better than having to make folks stand outside the open door because the meeting room is at capacity, I'd appreciate any thoughts on this. Thanks Kim Spady

My opinion - let everyone know where you’ll “really” be holding the meeting but start the meeting at the originally noticed location and then move to recess and reconvene at the new location (so anyone who was at the originally noticed location would clearly know). Another option (which I've used) - gavel the meeting to order as originally noticed but then table the item pre-public hearing to a Special Meeting (announce date/time/location in the Motion). Anyone who wanted to attend the original hearing as noticed would then legally know when the public hearing would occur. Under the OMA you can amend the location of the meeting if the public body with 10 days (Regular Meeting) or 48 hours (Special Meeting) written notice to the Clerk. But the zoning statutes require publication and personal notice which varies from the Meeting and Agenda notice requirements in the OMA. Logically, if you’d have to give timely notice of a change in location to the Clerk for OMA purposes, then you’d have to give timely notice by publication and mailed notice for zoning purposes. And that’s more expensive than giving a letter to the Clerk (and must be given further in advance). But I don’t think posting a sign at the door will suffice for OMA or zoning purposes. Can’t point you to a case or AG opinion. But these statutes are linearly construed in favor of the public. My go to line is - we lose every close case! Sent from Matt’s iPhone > On Mar 17, 2023, at 1:48 PM, Kim@spadylaw.com wrote: > >  > Public hearing & meeting regarding implementation of zoning is scheduled for city hall. One of the councilmembers has asked that it be moved to the high school auditorium to allow for the big crowd that’s expected. I think that would probably be wise. > > The notices state it will be at city hall. If we post notices at city hall redirecting folks to the high school and then start the meeting about 10 minutes late to allow for the redirection, do you see any problem with this? > > I think that would be better than having to make folks stand outside the open door because the meeting room is at capacity, > > I’d appreciate any thoughts on this. > > Thanks > Kim Spady > > > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org