Empathy List Archives

MB

Michael Beason

Thu, Mar 25, 2021 9:40 PM

Greetings All,

Background: Employee meets the qualifications for a "normal" retirement. Employee desires a disability retirement in order to allow him/her to retire without having any penalties (reductions) to his/her monthly retirement check. A Physicians Certificate of Disability has been obtained by the municipality.

Question: May Council convene in executive session to discuss this matter.

My thoughts are that the only exception it may fit under is 25 O.S. Section 307(B)(1) or (7). I am aware of 1996 OK AG 40 (executive session permitted to discuss salary for individual salaried officer of employee). As to (7) ... discussion as to medical condition, diagnosis etc. will likely be necessary for evaluation by Council, so my thinking is that such information is protected under state law and HIPAA.

Thoughts please. Thank you.

Greetings All, Background: Employee meets the qualifications for a "normal" retirement. Employee desires a disability retirement in order to allow him/her to retire without having any penalties (reductions) to his/her monthly retirement check. A Physicians Certificate of Disability has been obtained by the municipality. Question: May Council convene in executive session to discuss this matter. My thoughts are that the only exception it may fit under is 25 O.S. Section 307(B)(1) or (7). I am aware of 1996 OK AG 40 (executive session permitted to discuss salary for individual salaried officer of employee). As to (7) ... discussion as to medical condition, diagnosis etc. will likely be necessary for evaluation by Council, so my thinking is that such information is protected under state law and HIPAA. Thoughts please. Thank you.

RK

Rick Knighton

Thu, Mar 25, 2021 9:45 PM

Appears to fit under 25 O.S. 307(B)(1) - "[d]iscussing the employment ... of any individual salaried public officer or employee."

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: Michael Beason mbeason@altusok.gov
Sent: Thursday, March 25, 2021 4:41 PM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Employee Retirement Under Disability and Executive Session

Greetings All,

Background: Employee meets the qualifications for a "normal" retirement. Employee desires a disability retirement in order to allow him/her to retire without having any penalties (reductions) to his/her monthly retirement check. A Physicians Certificate of Disability has been obtained by the municipality.

Question: May Council convene in executive session to discuss this matter.

My thoughts are that the only exception it may fit under is 25 O.S. Section 307(B)(1) or (7). I am aware of 1996 OK AG 40 (executive session permitted to discuss salary for individual salaried officer of employee). As to (7) ... discussion as to medical condition, diagnosis etc. will likely be necessary for evaluation by Council, so my thinking is that such information is protected under state law and HIPAA.

Thoughts please. Thank you.

Appears to fit under 25 O.S. 307(B)(1) - "[d]iscussing the employment ... of any individual salaried public officer or employee." 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.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://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: Michael Beason <mbeason@altusok.gov> Sent: Thursday, March 25, 2021 4:41 PM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Employee Retirement Under Disability and Executive Session Greetings All, Background: Employee meets the qualifications for a "normal" retirement. Employee desires a disability retirement in order to allow him/her to retire without having any penalties (reductions) to his/her monthly retirement check. A Physicians Certificate of Disability has been obtained by the municipality. Question: May Council convene in executive session to discuss this matter. My thoughts are that the only exception it may fit under is 25 O.S. Section 307(B)(1) or (7). I am aware of 1996 OK AG 40 (executive session permitted to discuss salary for individual salaried officer of employee). As to (7) ... discussion as to medical condition, diagnosis etc. will likely be necessary for evaluation by Council, so my thinking is that such information is protected under state law and HIPAA. Thoughts please. Thank you.

JM

Jon Miller

Thu, Mar 25, 2021 9:55 PM

I would be comfortable listing and including both references as authority for the executive session.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

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. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Michael Beason mbeason@altusok.gov
Sent: Thursday, March 25, 2021 4:41 PM
To: oama@lists.imla.org
Subject: [Oama] Employee Retirement Under Disability and Executive Session

Greetings All,

Background: Employee meets the qualifications for a "normal" retirement. Employee desires a disability retirement in order to allow him/her to retire without having any penalties (reductions) to his/her monthly retirement check. A Physicians Certificate of Disability has been obtained by the municipality.

Question: May Council convene in executive session to discuss this matter.

My thoughts are that the only exception it may fit under is 25 O.S. Section 307(B)(1) or (7). I am aware of 1996 OK AG 40 (executive session permitted to discuss salary for individual salaried officer of employee). As to (7) ... discussion as to medical condition, diagnosis etc. will likely be necessary for evaluation by Council, so my thinking is that such information is protected under state law and HIPAA.

Thoughts please. Thank you.

I would be comfortable listing and including both references as authority for the executive session. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* 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. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Michael Beason <mbeason@altusok.gov> Sent: Thursday, March 25, 2021 4:41 PM To: oama@lists.imla.org Subject: [Oama] Employee Retirement Under Disability and Executive Session Greetings All, Background: Employee meets the qualifications for a "normal" retirement. Employee desires a disability retirement in order to allow him/her to retire without having any penalties (reductions) to his/her monthly retirement check. A Physicians Certificate of Disability has been obtained by the municipality. Question: May Council convene in executive session to discuss this matter. My thoughts are that the only exception it may fit under is 25 O.S. Section 307(B)(1) or (7). I am aware of 1996 OK AG 40 (executive session permitted to discuss salary for individual salaried officer of employee). As to (7) ... discussion as to medical condition, diagnosis etc. will likely be necessary for evaluation by Council, so my thinking is that such information is protected under state law and HIPAA. Thoughts please. Thank you.