Empathy List Archives

JM

Jon Miller

Wed, Apr 1, 2020 4:36 PM

All:

If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference?

If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda?

Thanks,

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.

All: If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference? If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda? Thanks, 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.

JB

Jeff Bryant

Wed, Apr 1, 2020 5:18 PM

Jon, I do agree with your thinking here. To cover that base, OMAG for its Board meeting last month canceled the previously scheduled meeting, and scheduled a Special Meeting, just as you have suggested Jon.
Jeff Bryant

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Wednesday, April 1, 2020 11:36 AM
To: OAMA@lists.imla.org
Subject: [Oama] MEETING UNDER SB611

All:

If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference?

If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda?

Thanks,

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.

Jon, I do agree with your thinking here. To cover that base, OMAG for its Board meeting last month canceled the previously scheduled meeting, and scheduled a Special Meeting, just as you have suggested Jon. Jeff Bryant OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Wednesday, April 1, 2020 11:36 AM To: OAMA@lists.imla.org Subject: [Oama] MEETING UNDER SB611 All: If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference? If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda? Thanks, 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.

KS

Kimberlee Spady

Wed, Apr 1, 2020 5:34 PM

I hadn't thought of this. Is the concern that the location of the meeting
has changed?

Would we need to cancel and reschedule if the clerk is at City Hall and City
Hall is open to citizens who wish to attend? (With the agenda identifying
the councilmembers who are participating via video.)

Thanks,

Kim Spady

From: Oama oama-bounces@lists.imla.org On Behalf Of Jeff Bryant via Oama
Sent: Wednesday, April 01, 2020 12:18 PM
To: Jon Miller jonmiller@jem-pc.com; OAMA@lists.imla.org
Subject: Re: [Oama] MEETING UNDER SB611

Jon, I do agree with your thinking here. To cover that base, OMAG for its
Board meeting last month canceled the previously scheduled meeting, and
scheduled a Special Meeting, just as you have suggested Jon.

Jeff Bryant

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq
https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel

jbryant@omag.org mailto:jbryant@omag.org

3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401

<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.or
g%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7C
b13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0
kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> www.omag.org

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org

On Behalf Of Jon Miller

Sent: Wednesday, April 1, 2020 11:36 AM
To: OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: [Oama] MEETING UNDER SB611

All:

If council decides to conduct a videoconference meeting under SB611, must
the annual schedule of date, time and place of meetings be amended 10 days
before the regular meeting can be held via videoconference?

If notice of the regular meeting must be amended 10 days prior to conducting
a regular meeting, and there is not enough time to do that before what would
be the regular meeting date, would there be any concern with posting a
public notice on council chambers that the regular meeting is cancelled due
to COVID-19, and then posting via DB611 a special meeting to occur on the
same date and time as the regular meeting would normally occur and include
the business items necessary for the city on a special meeting agenda?

Thanks,

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.

I hadn't thought of this. Is the concern that the location of the meeting has changed? Would we need to cancel and reschedule if the clerk is at City Hall and City Hall is open to citizens who wish to attend? (With the agenda identifying the councilmembers who are participating via video.) Thanks, Kim Spady From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jeff Bryant via Oama Sent: Wednesday, April 01, 2020 12:18 PM To: Jon Miller <jonmiller@jem-pc.com>; OAMA@lists.imla.org Subject: Re: [Oama] MEETING UNDER SB611 Jon, I do agree with your thinking here. To cover that base, OMAG for its Board meeting last month canceled the previously scheduled meeting, and scheduled a Special Meeting, just as you have suggested Jon. Jeff Bryant OMAG's COVID-19 Info Page: <https://www.omag.org/covid19-faq> https://www.omag.org/covid19-faq Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org <mailto:jbryant@omag.org> 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.or g%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7C b13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0 kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> www.omag.org From: Oama <oama-bounces@lists.imla.org <mailto:oama-bounces@lists.imla.org> > On Behalf Of Jon Miller Sent: Wednesday, April 1, 2020 11:36 AM To: OAMA@lists.imla.org <mailto:OAMA@lists.imla.org> Subject: [Oama] MEETING UNDER SB611 All: If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference? If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda? Thanks, 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.

JB

Jeff Bryant

Wed, Apr 1, 2020 5:54 PM

Kim,

The intent behind SB 661 was allow cities and towns to meet electronically during this time of pandemic emergency. The exact details of how to achieve that have been a little fluid. If an action by Council is challenged based on a violation of the Open Meeting act, and the courts agree with the AG's interpretations of the law as reflected in the FAQs they have made available, then most cities will probably be ok.

However, to minimize such a risk, digging into the language of the OMA and the language of SB 661 might prompt a city to take some additional steps to insulate itself from a lack of compliance argument. Under the annual filing requirement of the OMA a city must state date, time, and location of its regular meetings. If the location for regular meetings is now virtual instead of a location (teleconference for example) then an amended notice would be required under §311.A.8. If the circumstance is such that an amended notice cannot be filed within 10 days, then the option suggested by Jon was to cancel the regular meeting and then schedule a Special Meeting which would only require 48 hours advanced notice. This is also the way OMAG handled its March Board meeting that was no longer being held on site, but was a telephonic meeting attended by all Board members in that way.

In a circumstance where the regularly schedule meeting is still going to be held at the same time, date, and location as noted in the annual filing (even though some Council members are going to be attending by video or telephone) then I would not see a need to cancel the Regular Meeting and reschedule a Special Meeting for the same time.

I hope this is helpful.

Jeff Bryant
MAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Kimberlee Spady Kim@spadylaw.com
Sent: Wednesday, April 1, 2020 12:35 PM
To: Jeff Bryant jbryant@omag.org; 'Jon Miller' jonmiller@jem-pc.com; oama@lists.imla.org
Subject: RE: [Oama] MEETING UNDER SB611

I hadn't thought of this. Is the concern that the location of the meeting has changed?

Would we need to cancel and reschedule if the clerk is at City Hall and City Hall is open to citizens who wish to attend? (With the agenda identifying the councilmembers who are participating via video.)

Thanks,
Kim Spady

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Jeff Bryant via Oama
Sent: Wednesday, April 01, 2020 12:18 PM
To: Jon Miller <jonmiller@jem-pc.com mailto:jonmiller@jem-pc.com>; OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: Re: [Oama] MEETING UNDER SB611

Jon, I do agree with your thinking here. To cover that base, OMAG for its Board meeting last month canceled the previously scheduled meeting, and scheduled a Special Meeting, just as you have suggested Jon.
Jeff Bryant

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.omag.org%2Fcovid19-faq&data=02%7C01%7Cjbryant%40omag.org%7C0e33a61681e540b45d2f08d7d662f6f3%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637213592883913519&sdata=9MkTWniHtGoYwc8u5v6usyHLsT9eVXyCxMDBxFqjaqM%3D&reserved=0

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cjbryant%40omag.org%7C0e33a61681e540b45d2f08d7d662f6f3%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637213592883923516&sdata=zT7Z2aDG663672dgJ9%2B25Dg4QwV1o4iXT%2BTdwenEnRs%3D&reserved=0

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Jon Miller
Sent: Wednesday, April 1, 2020 11:36 AM
To: OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: [Oama] MEETING UNDER SB611

All:

If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference?

If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda?

Thanks,

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.

Kim, The intent behind SB 661 was allow cities and towns to meet electronically during this time of pandemic emergency. The exact details of how to achieve that have been a little fluid. If an action by Council is challenged based on a violation of the Open Meeting act, and the courts agree with the AG's interpretations of the law as reflected in the FAQs they have made available, then most cities will probably be ok. However, to minimize such a risk, digging into the language of the OMA and the language of SB 661 might prompt a city to take some additional steps to insulate itself from a lack of compliance argument. Under the annual filing requirement of the OMA a city must state date, time, and location of its regular meetings. If the location for regular meetings is now virtual instead of a location (teleconference for example) then an amended notice would be required under §311.A.8. If the circumstance is such that an amended notice cannot be filed within 10 days, then the option suggested by Jon was to cancel the regular meeting and then schedule a Special Meeting which would only require 48 hours advanced notice. This is also the way OMAG handled its March Board meeting that was no longer being held on site, but was a telephonic meeting attended by all Board members in that way. In a circumstance where the regularly schedule meeting is still going to be held at the same time, date, and location as noted in the annual filing (even though some Council members are going to be attending by video or telephone) then I would not see a need to cancel the Regular Meeting and reschedule a Special Meeting for the same time. I hope this is helpful. Jeff Bryant MAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Kimberlee Spady <Kim@spadylaw.com> Sent: Wednesday, April 1, 2020 12:35 PM To: Jeff Bryant <jbryant@omag.org>; 'Jon Miller' <jonmiller@jem-pc.com>; oama@lists.imla.org Subject: RE: [Oama] MEETING UNDER SB611 I hadn't thought of this. Is the concern that the location of the meeting has changed? Would we need to cancel and reschedule if the clerk is at City Hall and City Hall is open to citizens who wish to attend? (With the agenda identifying the councilmembers who are participating via video.) Thanks, Kim Spady From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Jeff Bryant via Oama Sent: Wednesday, April 01, 2020 12:18 PM To: Jon Miller <jonmiller@jem-pc.com<mailto:jonmiller@jem-pc.com>>; OAMA@lists.imla.org<mailto:OAMA@lists.imla.org> Subject: Re: [Oama] MEETING UNDER SB611 Jon, I do agree with your thinking here. To cover that base, OMAG for its Board meeting last month canceled the previously scheduled meeting, and scheduled a Special Meeting, just as you have suggested Jon. Jeff Bryant OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.omag.org%2Fcovid19-faq&data=02%7C01%7Cjbryant%40omag.org%7C0e33a61681e540b45d2f08d7d662f6f3%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637213592883913519&sdata=9MkTWniHtGoYwc8u5v6usyHLsT9eVXyCxMDBxFqjaqM%3D&reserved=0> Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cjbryant%40omag.org%7C0e33a61681e540b45d2f08d7d662f6f3%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637213592883923516&sdata=zT7Z2aDG663672dgJ9%2B25Dg4QwV1o4iXT%2BTdwenEnRs%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Jon Miller Sent: Wednesday, April 1, 2020 11:36 AM To: OAMA@lists.imla.org<mailto:OAMA@lists.imla.org> Subject: [Oama] MEETING UNDER SB611 All: If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference? If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda? Thanks, 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.

JM

Jon Miller

Wed, Apr 1, 2020 5:57 PM

Thanks for the responses. I will discuss the option of leaving the Council Chamber open for persons to participate via Zoom on a city-provided monitor, while maintaining social distancing, or alternatively to post a cancellation and issue the notice of a special meeting.

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: Kimberlee Spady Kim@spadylaw.com
Sent: Wednesday, April 1, 2020 12:35 PM
To: 'Jeff Bryant' jbryant@omag.org; Jon Miller jonmiller@jem-pc.com; oama@lists.imla.org
Subject: RE: [Oama] MEETING UNDER SB611

I hadn't thought of this. Is the concern that the location of the meeting has changed?

Would we need to cancel and reschedule if the clerk is at City Hall and City Hall is open to citizens who wish to attend? (With the agenda identifying the councilmembers who are participating via video.)

Thanks,
Kim Spady

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Jeff Bryant via Oama
Sent: Wednesday, April 01, 2020 12:18 PM
To: Jon Miller <jonmiller@jem-pc.com mailto:jonmiller@jem-pc.com>; OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: Re: [Oama] MEETING UNDER SB611

Jon, I do agree with your thinking here. To cover that base, OMAG for its Board meeting last month canceled the previously scheduled meeting, and scheduled a Special Meeting, just as you have suggested Jon.
Jeff Bryant

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org mailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Jon Miller
Sent: Wednesday, April 1, 2020 11:36 AM
To: OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: [Oama] MEETING UNDER SB611

All:

If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference?

If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda?

Thanks,

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
Telephone: (405) 938-9108

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Thanks for the responses. I will discuss the option of leaving the Council Chamber open for persons to participate via Zoom on a city-provided monitor, while maintaining social distancing, or alternatively to post a cancellation and issue the notice of a special meeting. 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: Kimberlee Spady <Kim@spadylaw.com> Sent: Wednesday, April 1, 2020 12:35 PM To: 'Jeff Bryant' <jbryant@omag.org>; Jon Miller <jonmiller@jem-pc.com>; oama@lists.imla.org Subject: RE: [Oama] MEETING UNDER SB611 I hadn't thought of this. Is the concern that the location of the meeting has changed? Would we need to cancel and reschedule if the clerk is at City Hall and City Hall is open to citizens who wish to attend? (With the agenda identifying the councilmembers who are participating via video.) Thanks, Kim Spady From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Jeff Bryant via Oama Sent: Wednesday, April 01, 2020 12:18 PM To: Jon Miller <jonmiller@jem-pc.com<mailto:jonmiller@jem-pc.com>>; OAMA@lists.imla.org<mailto:OAMA@lists.imla.org> Subject: Re: [Oama] MEETING UNDER SB611 Jon, I do agree with your thinking here. To cover that base, OMAG for its Board meeting last month canceled the previously scheduled meeting, and scheduled a Special Meeting, just as you have suggested Jon. Jeff Bryant OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Jon Miller Sent: Wednesday, April 1, 2020 11:36 AM To: OAMA@lists.imla.org<mailto:OAMA@lists.imla.org> Subject: [Oama] MEETING UNDER SB611 All: If council decides to conduct a videoconference meeting under SB611, must the annual schedule of date, time and place of meetings be amended 10 days before the regular meeting can be held via videoconference? If notice of the regular meeting must be amended 10 days prior to conducting a regular meeting, and there is not enough time to do that before what would be the regular meeting date, would there be any concern with posting a public notice on council chambers that the regular meeting is cancelled due to COVID-19, and then posting via DB611 a special meeting to occur on the same date and time as the regular meeting would normally occur and include the business items necessary for the city on a special meeting agenda? Thanks, 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.