Re: [Oama] Agendas-Teleconferencing/video-conferencing
Julie,
I said the municipal governments not the municipal attorneys. Don’t read something into it that wasn’t there. I’m certainly trying to be helpful.
This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.com or 580-256-1285 and then delete it.
From: Lombardi, Julie
Sent: Friday, March 27, 2020 12:01 PM
To: Bart Bouse; Rick Knighton; Suzanne Paulson; Andie; oama@lists.imla.org
Subject: RE: [Oama] Agendas-Teleconferencing/video-conferencing
How extremely strange. All the city attorneys with whom I am acquainted are passionate about the Open Meeting Act and transparency. I simply don’t know any municipal lawyers who are looking to “bend the rules and find the grey area.”
Frankly, right now I am more proud than ever to be a city attorney in Oklahoma. I think we have seen this group attempting to determine exactly what we are required to do and how to best advise our cities under unprecedented and highly difficult circumstances. Let’s keep up the good, hard work, and continue to encourage and advise one another. Accusations and criticism are completely unhelpful and inappropriate at the present time.
Julie Trout Lombardi
City Attorney
City of Owasso
PO Box 180
200 S Main St
Owasso, OK 74055
Phone: 918-376-1511 Fax 918-376-1599
Email: jlombardi@cityofowasso.com
www.cityofowasso.com
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Bart Bouse
Sent: Friday, March 27, 2020 11:39 AM
To: Rick Knighton Rick.Knighton@NormanOK.gov; Suzanne Paulson spaulson@omag.org; Andie haxellaw@aol.com; oama@lists.imla.org
Subject: Re: [Oama] Agendas-Teleconferencing/video-conferencing
I amended my answer to say violating the open meeting act as well. I will state upfront that I am a strict constructionist of the Constitution and always have been. As a municipal attorney for over 20 years, I see more and more that municipal governments want to bend the rules and find the grey area instead of being open and transparent. Almost every attorney general we’ve had in the last 20 years has had to constantly remind municipal governments their requirements under the Open Meeting Act and the Oklahoma Constitution. Drew Edmondson was doing in the late 90s and we’re still doing it. However, since you asked. The Oklahoma Constitution provides some of the following:
§ 3. Right of assembly and petition.
The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, address, or remonstrance.
§ 7. Due process of law.
No person shall be deprived of life, liberty, or property, without due process of law.
§ 63. Continuity of governmental operations in periods of emergency.
The Legislature, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the Legislature shall in all respects conform to the requirements of this Constitution.
Article 63 still requires any legislative body to meet in order to pass laws. I have watched the last few weeks as communities vote to give mayors authority to pass laws or emergency declarations and municipal attorneys debating meeting in private. Those actions are simply unconstitutional. We have authority, based on emergency law from the State to use videoconferencing, but it still must be public and the entire board must still meet. Teleconferencing, by the way, has been in the open meeting act sine inception. But, it’s plain and clear, you have to meet in public and allow the public to attend by some means.
Municipal corporations only have power as derived from the Oklahoma Constitution
§ 2. Existing municipal corporations continued - Rights and powers.
Every municipal corporation now existing within this State shall continue with all of its present rights and powers until otherwise provided by law, and shall always have the additional rights and powers conferred by the Constitution.
As municipal attorneys, we need to slow down, read the Oklahoma Constitution and the Open Meeting Act, inform our clients accordingly, and require them to have open and transparent meetings and decisions.
This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.com or 580-256-1285 and then delete it.
I must have missed the discussion regarding municipal attorneys debating meeting in private. What I have seen are discussions regarding how to comply with the Open Meetings Act and the limitations on public gatherings. While it is undisputed that a video conferencing option has been part of the OMA since August 30, 2019, Senate Bill 661 signed by Governor Stitt on March 18, 2020, indicates that this option was not sufficient. Moreover, because the Legislature rarely consults those charged with administering a legislative act, a number of legitimate issues have been raised regarding how the amendments to the OMA should be interpreted. These issues prompted an FAQ from the Attorney General. What I have seen is municipal attorneys who are well versed with the Oklahoma Constitution and the OMA attempting to advise their clients regarding the requirement of open and transparent meetings and decisions under unprecedented circumstances. This task is further complicated by the fact that internet access is not standardized across the electorate, and thus holding meetings by video conferencing is likely to exclude citizens that may have a desire to petition their local legislators for redress.
Moreover, we do not have authority to “require” public bodies to have open and transparent meetings. We only have the power to advise them to have such meetings.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Bart Bouse bartbouse@bouselaw.com
Sent: Friday, March 27, 2020 12:12 PM
To: Lombardi, Julie JLombardi@CityOfOwasso.com; Rick Knighton Rick.Knighton@NormanOK.gov; Suzanne Paulson spaulson@omag.org; Andie haxellaw@aol.com; oama@lists.imla.org
Subject: EXTERNAL EMAIL : RE: [Oama] Agendas-Teleconferencing/video-conferencing
Julie,
I said the municipal governments not the municipal attorneys. Don’t read something into it that wasn’t there. I’m certainly trying to be helpful.
This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.commailto:bartbouse@bouselaw.com or 580-256-1285 and then delete it.
From: Lombardi, Juliemailto:JLombardi@CityOfOwasso.com
Sent: Friday, March 27, 2020 12:01 PM
To: Bart Bousemailto:bartbouse@bouselaw.com; Rick Knightonmailto:Rick.Knighton@NormanOK.gov; Suzanne Paulsonmailto:spaulson@omag.org; Andiemailto:haxellaw@aol.com; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: RE: [Oama] Agendas-Teleconferencing/video-conferencing
How extremely strange. All the city attorneys with whom I am acquainted are passionate about the Open Meeting Act and transparency. I simply don’t know any municipal lawyers who are looking to “bend the rules and find the grey area.”
Frankly, right now I am more proud than ever to be a city attorney in Oklahoma. I think we have seen this group attempting to determine exactly what we are required to do and how to best advise our cities under unprecedented and highly difficult circumstances. Let’s keep up the good, hard work, and continue to encourage and advise one another. Accusations and criticism are completely unhelpful and inappropriate at the present time.
Julie Trout Lombardi
City Attorney
City of Owasso
PO Box 180
200 S Main St
Owasso, OK 74055
Phone: 918-376-1511 Fax 918-376-1599
Email: jlombardi@cityofowasso.commailto:jlombardi@cityofowasso.com
www.cityofowasso.comhttp://www.cityofowasso.com/
[owasso_logo_2017CAPS]
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Bart Bouse
Sent: Friday, March 27, 2020 11:39 AM
To: Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>; Suzanne Paulson <spaulson@omag.orgmailto:spaulson@omag.org>; Andie <haxellaw@aol.commailto:haxellaw@aol.com>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Agendas-Teleconferencing/video-conferencing
I amended my answer to say violating the open meeting act as well. I will state upfront that I am a strict constructionist of the Constitution and always have been. As a municipal attorney for over 20 years, I see more and more that municipal governments want to bend the rules and find the grey area instead of being open and transparent. Almost every attorney general we’ve had in the last 20 years has had to constantly remind municipal governments their requirements under the Open Meeting Act and the Oklahoma Constitution. Drew Edmondson was doing in the late 90s and we’re still doing it. However, since you asked. The Oklahoma Constitution provides some of the following:
§ 3. Right of assembly and petition.
The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, address, or remonstrance.
§ 7. Due process of law.
No person shall be deprived of life, liberty, or property, without due process of law.
§ 63. Continuity of governmental operations in periods of emergency.
The Legislature, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the Legislature shall in all respects conform to the requirements of this Constitution.
Article 63 still requires any legislative body to meet in order to pass laws. I have watched the last few weeks as communities vote to give mayors authority to pass laws or emergency declarations and municipal attorneys debating meeting in private. Those actions are simply unconstitutional. We have authority, based on emergency law from the State to use videoconferencing, but it still must be public and the entire board must still meet. Teleconferencing, by the way, has been in the open meeting act sine inception. But, it’s plain and clear, you have to meet in public and allow the public to attend by some means.
Municipal corporations only have power as derived from the Oklahoma Constitution
§ 2. Existing municipal corporations continued - Rights and powers.
Every municipal corporation now existing within this State shall continue with all of its present rights and powers until otherwise provided by law, and shall always have the additional rights and powers conferred by the Constitution.
As municipal attorneys, we need to slow down, read the Oklahoma Constitution and the Open Meeting Act, inform our clients accordingly, and require them to have open and transparent meetings and decisions.
This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.commailto:bartbouse@bouselaw.com or 580-256-1285 and then delete it.