Merely citing the statute is not enough. See 311(B)(2):
- If a public body proposes to conduct an executive session, the agenda
shall:
a. contain sufficient information for the public to ascertain that an
executive session will be proposed,
b. identify the items of business and purposes of the executive session, and
c. state specifically the provision of Section 307 of this title
authorizing the executive session.
Identifying the item of business and purposes of the ES is a separate
requirement from stating the provision in 307 that applies.
I'd also take a look at 1997 OK AG 61, particularly paragraphs 4 and 5. The
AG discusses the concern about confidentiality and whether you have to put
the person's name in the agenda item (which, if you just had to cite B1
then why would you need to list a name or even position). The AG basically
said that you have to list the name if it's about a current employee or the
position if it is unique so that the public could identify it.
On Fri, Feb 17, 2023 at 1:01 PM Phillip Morton mortonlawoffice@gmail.com
wrote:
Is there any issue with listing executive session language on an agenda as
"Discussion/Action to enter executive session pursuant to Title 25 O.S.
section 307 B et. seq. regarding hiring XXXX as cemetery sexton at $15.00
per hour."
A citizen is questioning whether simply stating 307 B et. seq. is
sufficient to identify the topic for executive session as opposed stating
the exact subsection. This is how every municipality I do and have
represented has worded the executive session authority so I've never given
much thought about it until now.
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
Merely citing the statute is not enough. See 311(B)(2):
2. If a public body proposes to conduct an executive session, the agenda
shall:
a. contain sufficient information for the public to ascertain that an
executive session will be proposed,
b. identify the items of business and purposes of the executive session, and
c. state specifically the provision of Section 307 of this title
authorizing the executive session.
Identifying the item of business and purposes of the ES is a separate
requirement from stating the provision in 307 that applies.
I'd also take a look at 1997 OK AG 61, particularly paragraphs 4 and 5. The
AG discusses the concern about confidentiality and whether you have to put
the person's name in the agenda item (which, if you just had to cite B1
then why would you need to list a name or even position). The AG basically
said that you have to list the name if it's about a current employee or the
position if it is unique so that the public could identify it.
On Fri, Feb 17, 2023 at 1:01 PM Phillip Morton <mortonlawoffice@gmail.com>
wrote:
> Is there any issue with listing executive session language on an agenda as
> "Discussion/Action to enter executive session pursuant to Title 25 O.S.
> section 307 B et. seq. regarding hiring XXXX as cemetery sexton at $15.00
> per hour."
>
> A citizen is questioning whether simply stating 307 B et. seq. is
> sufficient to identify the topic for executive session as opposed stating
> the exact subsection. This is how every municipality I do and have
> represented has worded the executive session authority so I've never given
> much thought about it until now.
> --
> Oama mailing list -- oama@lists.imla.org
> To unsubscribe send an email to oama-leave@lists.imla.org
>
