Re: [Oama] COVID-19 Emergency Proclamations? SB 661
The amendment to Section 307.1.A adds a new paragraph (c), which provides:
c. each public meeting held by videoconference or teleconference shall be recorded either by written, electronic, or other means;
Because the new introductory language of Section 307.1.A adds the following phrase: "Except as provided in Subsections "C" and "D" of this section,...", do you interpret this new paragraph (c) in Section 307.1.A to only apply to the requirements of Subsection "A" and not to the new Subsections "C" and "D"?
In other words, if we are operating under Subsections "C" & "D" until Nov 15th or otherwise earlier terminated, do we still have to record the meeting "either by written, electronic, or other means."
David E. O'Meilia | City Attorney
City of Tulsa Legal Department
175 East 2nd Street; Tulsa, OK 74103
T: 918-596-7717
F: 918-596-9700
E: domeilia@cityoftulsa.orgmailto:domeilia@cityoftulsa.org
www.cityoftulsa.orghttp://www.cityoftulsa.org/
From: Oama oama-bounces@lists.imla.org On Behalf Of Lou Ann Moudy
Sent: Wednesday, March 18, 2020 5:04 PM
To: Jon Miller jonmiller@jem-pc.com; Teresa Nowlin tnowlin@jenksok.org; OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Check out C4 (page 6 of the pdf of the act) - it says the public body shall be allowed to participate ... and then goes on to talk about public participation. It appears 1) that the addition of "body" is a typo (3rd word) and that any video or teleconference is going to have to have public participation. There is no way this is able to be put into place by most small cities.
Looks good, just creates more problems!!!
From: Jon Miller [mailto:jonmiller@jem-pc.com]
Sent: Wednesday, March 18, 2020 4:53 PM
To: Lou Ann Moudy; Teresa Nowlin; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: RE: COVID-19 Emergency Proclamations?
Attached is enrolled final version.
Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
Telephone: (405) 938-9108
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Lou Ann Moudy
Sent: Wednesday, March 18, 2020 4:44 PM
To: Lou Ann Moudy <louann@moudylaw.commailto:louann@moudylaw.com>; Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Has anyone been able to get a copy of SB 661 which amended the Open Meeting Act? All I can find on google is that Stitt signed but no copy of the actual bill/law
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Lou Ann Moudy
Sent: Monday, March 16, 2020 5:37 PM
To: Teresa Nowlin; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Okmulgee declared emergency and closed to the public all buildings operated by the City or Municipal Authority starting at 1:00 pm today. The staff will still be working and citizens can conduct business by email, by phone or drive through window or drop box. They can also call for an appointment if there is a one-on-one meeting required.
We are cancelling municipal court, library and a store at our lake. The building owned by the city but leased to the area nutrition center for seniors is not affected because it is not operated by the City.
We are still having our regular meeting tomorrow night because we need to move on with business. Monthly claims need to be approved so they can be paid and there are still issues to resolve.
I think a postponement or rescheduling of a meeting would be better than not having them at all as business still needs to be transacted on behalf of the citizens.
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Teresa Nowlin
Sent: Monday, March 16, 2020 11:27 AM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] COVID-19 Emergency Proclamations?
Just wondering if some of you whose cities have issued emergency proclamations due to COVID-19 might be willing to share?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
That's a tough one (it obviously was written on the fly) - My best interpretation is that because noting in Subsections "C" and "D" conflict with the new paragraph (c) in 307.1.A, then paragraph (c) would still apply.
From: O'Meilia, David DOMeilia@cityoftulsa.org
Sent: Wednesday, March 18, 2020 5:24 PM
To: Lou Ann Moudy louann@moudylaw.com; Jon Miller jonmiller@jem-pc.com; Teresa Nowlin tnowlin@jenksok.org; OAMA@lists.imla.org
Subject: RE: COVID-19 Emergency Proclamations? SB 661
The amendment to Section 307.1.A adds a new paragraph (c), which provides:
c. each public meeting held by videoconference or teleconference shall be recorded either by written, electronic, or other means;
Because the new introductory language of Section 307.1.A adds the following phrase: "Except as provided in Subsections "C" and "D" of this section,...", do you interpret this new paragraph (c) in Section 307.1.A to only apply to the requirements of Subsection "A" and not to the new Subsections "C" and "D"?
In other words, if we are operating under Subsections "C" & "D" until Nov 15th or otherwise earlier terminated, do we still have to record the meeting "either by written, electronic, or other means."
David E. O'Meilia | City Attorney
City of Tulsa Legal Department
175 East 2nd Street; Tulsa, OK 74103
T: 918-596-7717
F: 918-596-9700
E: domeilia@cityoftulsa.orgmailto:domeilia@cityoftulsa.org
www.cityoftulsa.orghttp://www.cityoftulsa.org/
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Lou Ann Moudy
Sent: Wednesday, March 18, 2020 5:04 PM
To: Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>; Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Check out C4 (page 6 of the pdf of the act) - it says the public body shall be allowed to participate ... and then goes on to talk about public participation. It appears 1) that the addition of "body" is a typo (3rd word) and that any video or teleconference is going to have to have public participation. There is no way this is able to be put into place by most small cities.
Looks good, just creates more problems!!!
From: Jon Miller [mailto:jonmiller@jem-pc.com]
Sent: Wednesday, March 18, 2020 4:53 PM
To: Lou Ann Moudy; Teresa Nowlin; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: RE: COVID-19 Emergency Proclamations?
Attached is enrolled final version.
Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
Telephone: (405) 938-9108
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Lou Ann Moudy
Sent: Wednesday, March 18, 2020 4:44 PM
To: Lou Ann Moudy <louann@moudylaw.commailto:louann@moudylaw.com>; Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Has anyone been able to get a copy of SB 661 which amended the Open Meeting Act? All I can find on google is that Stitt signed but no copy of the actual bill/law
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Lou Ann Moudy
Sent: Monday, March 16, 2020 5:37 PM
To: Teresa Nowlin; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Okmulgee declared emergency and closed to the public all buildings operated by the City or Municipal Authority starting at 1:00 pm today. The staff will still be working and citizens can conduct business by email, by phone or drive through window or drop box. They can also call for an appointment if there is a one-on-one meeting required.
We are cancelling municipal court, library and a store at our lake. The building owned by the city but leased to the area nutrition center for seniors is not affected because it is not operated by the City.
We are still having our regular meeting tomorrow night because we need to move on with business. Monthly claims need to be approved so they can be paid and there are still issues to resolve.
I think a postponement or rescheduling of a meeting would be better than not having them at all as business still needs to be transacted on behalf of the citizens.
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Teresa Nowlin
Sent: Monday, March 16, 2020 11:27 AM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] COVID-19 Emergency Proclamations?
Just wondering if some of you whose cities have issued emergency proclamations due to COVID-19 might be willing to share?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
We are exploring a way to get these issues legislatively clarified. If you see other language problems that need to be addressed please let me know. One issue is 307.1 3, 4, &5 which seems to indicate for videoconferencing, the participating member of the public body must set up a location from which to videoconference within their district that must be open to the public. These sections do not appear to apply to teleconferencing.
As to videoconferencing those sections provide:
-
After the meeting notice and agenda are prepared and posted, as required by law, no member of the public body shall be allowed to participate in the meeting from any location other than the specific location posted on the agenda in advance of the meeting;
-
In order to allow the public the maximum opportunity to attend and observe each public official carrying out the duties of the public official, a member or members of a public body desiring to participate in a meeting by videoconference shall participate in the videoconference from a site and room located within the district or political subdivision from which they are elected, appointed, or are sworn to represent;
-
Each site and room where a member of the public body is present for a meeting by videoconference shall be open and accessible to the public, and the public shall be allowed into that site and room. Public bodies may provide additional videoconference sites as a convenience to the public, but additional sites shall not be used to exclude or discourage public attendance at any videoconference site;
There is no mention of teleconferencing in these sections. Remote attendance may be more practical through teleconferencing in most circumstances. If attendance is by video conferencing, then provision for public attendance must be made at the remote videoconferencing site, and under subsection 4 the location of the videoconferencing site may be more limited to meet those requirements.
From: Oama oama-bounces@lists.imla.org On Behalf Of Teresa Nowlin
Sent: Wednesday, March 18, 2020 8:00 PM
To: O'Meilia, David DOMeilia@cityoftulsa.org; Lou Ann Moudy louann@moudylaw.com; Jon Miller jonmiller@jem-pc.com; OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations? SB 661
That's a tough one (it obviously was written on the fly) - My best interpretation is that because noting in Subsections "C" and "D" conflict with the new paragraph (c) in 307.1.A, then paragraph (c) would still apply.
From: O'Meilia, David <DOMeilia@cityoftulsa.orgmailto:DOMeilia@cityoftulsa.org>
Sent: Wednesday, March 18, 2020 5:24 PM
To: Lou Ann Moudy <louann@moudylaw.commailto:louann@moudylaw.com>; Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>; Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: RE: COVID-19 Emergency Proclamations? SB 661
The amendment to Section 307.1.A adds a new paragraph (c), which provides:
c. each public meeting held by videoconference or teleconference shall be recorded either by written, electronic, or other means;
Because the new introductory language of Section 307.1.A adds the following phrase: "Except as provided in Subsections "C" and "D" of this section,...", do you interpret this new paragraph (c) in Section 307.1.A to only apply to the requirements of Subsection "A" and not to the new Subsections "C" and "D"?
In other words, if we are operating under Subsections "C" & "D" until Nov 15th or otherwise earlier terminated, do we still have to record the meeting "either by written, electronic, or other means."
David E. O'Meilia | City Attorney
City of Tulsa Legal Department
175 East 2nd Street; Tulsa, OK 74103
T: 918-596-7717
F: 918-596-9700
E: domeilia@cityoftulsa.orgmailto:domeilia@cityoftulsa.org
www.cityoftulsa.orghttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityoftulsa.org%2F&data=02%7C01%7Cjbryant%40omag.org%7C099984c0540c48c2479d08d7cba1053a%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637201764773029123&sdata=i9o8TtXrtsSvsoEOVdAjhG6FrzjjxmOnnN17FXneU4o%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Lou Ann Moudy
Sent: Wednesday, March 18, 2020 5:04 PM
To: Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>; Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Check out C4 (page 6 of the pdf of the act) - it says the public body shall be allowed to participate ... and then goes on to talk about public participation. It appears 1) that the addition of "body" is a typo (3rd word) and that any video or teleconference is going to have to have public participation. There is no way this is able to be put into place by most small cities.
Looks good, just creates more problems!!!
From: Jon Miller [mailto:jonmiller@jem-pc.com]
Sent: Wednesday, March 18, 2020 4:53 PM
To: Lou Ann Moudy; Teresa Nowlin; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: RE: COVID-19 Emergency Proclamations?
Attached is enrolled final version.
Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
Telephone: (405) 938-9108
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Lou Ann Moudy
Sent: Wednesday, March 18, 2020 4:44 PM
To: Lou Ann Moudy <louann@moudylaw.commailto:louann@moudylaw.com>; Teresa Nowlin <tnowlin@jenksok.orgmailto:tnowlin@jenksok.org>; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Has anyone been able to get a copy of SB 661 which amended the Open Meeting Act? All I can find on google is that Stitt signed but no copy of the actual bill/law
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Lou Ann Moudy
Sent: Monday, March 16, 2020 5:37 PM
To: Teresa Nowlin; OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: Re: [Oama] COVID-19 Emergency Proclamations?
Okmulgee declared emergency and closed to the public all buildings operated by the City or Municipal Authority starting at 1:00 pm today. The staff will still be working and citizens can conduct business by email, by phone or drive through window or drop box. They can also call for an appointment if there is a one-on-one meeting required.
We are cancelling municipal court, library and a store at our lake. The building owned by the city but leased to the area nutrition center for seniors is not affected because it is not operated by the City.
We are still having our regular meeting tomorrow night because we need to move on with business. Monthly claims need to be approved so they can be paid and there are still issues to resolve.
I think a postponement or rescheduling of a meeting would be better than not having them at all as business still needs to be transacted on behalf of the citizens.
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Teresa Nowlin
Sent: Monday, March 16, 2020 11:27 AM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] COVID-19 Emergency Proclamations?
Just wondering if some of you whose cities have issued emergency proclamations due to COVID-19 might be willing to share?
Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office