Changing the Time of Regular Meetings of Council
Greetings All:
Title 25 O.S. §311(A)(4) requires notice of regular meetings to the municipal clerk. My Council has previously voted on and approved a meeting schedule for regular meetings and notice in compliance with 25 O.S. 311(A)(4) has been provided and accomplished. At least some Council members now desire to have an item placed upon the agenda to change the meeting times, not dates.
I believe that I can place a proposed, new schedule of regular meetings on the agenda with the proposed new meeting times for possible action and then file a new schedule. If approved, with the municipal clerk. To be clear, it would be the schedule as a whole, not merely an individual meeting.
I believe he authority for such an action is found at Title 25 O.S. §311(A)(8), which provides ... "If any change is to be made of the date, time or place of regularly scheduled meetings of public bodies, then notice in writing shall be given to the Secretary of State or county clerk or municipal clerk, as required herein, not less than ten (10) days prior to the implementation of any such change[.]"
Thoughts please? Any agreement or disagreement?
Thank you.
You are correct.
David E. O'Meilia | City Attorney
City of Tulsa Legal Department
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From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Thursday, January 16, 2020 11:33 AM
To: OAMA luistserv (OAMA@lists.imla.org) OAMA@lists.imla.org
Subject: [Oama] Changing the Time of Regular Meetings of Council
Greetings All:
Title 25 O.S. §311(A)(4) requires notice of regular meetings to the municipal clerk. My Council has previously voted on and approved a meeting schedule for regular meetings and notice in compliance with 25 O.S. 311(A)(4) has been provided and accomplished. At least some Council members now desire to have an item placed upon the agenda to change the meeting times, not dates.
I believe that I can place a proposed, new schedule of regular meetings on the agenda with the proposed new meeting times for possible action and then file a new schedule. If approved, with the municipal clerk. To be clear, it would be the schedule as a whole, not merely an individual meeting.
I believe he authority for such an action is found at Title 25 O.S. §311(A)(8), which provides ... "If any change is to be made of the date, time or place of regularly scheduled meetings of public bodies, then notice in writing shall be given to the Secretary of State or county clerk or municipal clerk, as required herein, not less than ten (10) days prior to the implementation of any such change[.]"
Thoughts please? Any agreement or disagreement?
Thank you.
I am unaware of any court that has reviewed this issue. However, the parts of a statute are to be generally construed in a reasonable manner and in a way that permits consistency rather than to create conflict. This interpretation seems most reasonable to me, and makes (A)(4) compatible with (A)(8).
Mike Vanderburg
Ponca City
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason
Sent: Thursday, January 16, 2020 11:33 AM
To: OAMA luistserv (OAMA@lists.imla.org)
Subject: [Oama] Changing the Time of Regular Meetings of Council
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Greetings All:
Title 25 O.S. §311(A)(4) requires notice of regular meetings to the municipal clerk. My Council has previously voted on and approved a meeting schedule for regular meetings and notice in compliance with 25 O.S. 311(A)(4) has been provided and accomplished. At least some Council members now desire to have an item placed upon the agenda to change the meeting times, not dates.
I believe that I can place a proposed, new schedule of regular meetings on the agenda with the proposed new meeting times for possible action and then file a new schedule. If approved, with the municipal clerk. To be clear, it would be the schedule as a whole, not merely an individual meeting.
I believe he authority for such an action is found at Title 25 O.S. §311(A)(8), which provides ... "If any change is to be made of the date, time or place of regularly scheduled meetings of public bodies, then notice in writing shall be given to the Secretary of State or county clerk or municipal clerk, as required herein, not less than ten (10) days prior to the implementation of any such change[.]"
Thoughts please? Any agreement or disagreement?
Thank you.
That is how I have read the statute.
Jon Miller
City of Mustang
Sent from iPhone
On Jan 16, 2020, at 11:33 AM, Michael Beason mbeason@altusok.gov wrote:
Greetings All:
Title 25 O.S. §311(A)(4) requires notice of regular meetings to the municipal clerk. My Council has previously voted on and approved a meeting schedule for regular meetings and notice in compliance with 25 O.S. 311(A)(4) has been provided and accomplished. At least some Council members now desire to have an item placed upon the agenda to change the meeting times, not dates.
I believe that I can place a proposed, new schedule of regular meetings on the agenda with the proposed new meeting times for possible action and then file a new schedule. If approved, with the municipal clerk. To be clear, it would be the schedule as a whole, not merely an individual meeting.
I believe he authority for such an action is found at Title 25 O.S. §311(A)(8), which provides … “If any change is to be made of the date, time or place of regularly scheduled meetings of public bodies, then notice in writing shall be given to the Secretary of State or county clerk or municipal clerk, as required herein, not less than ten (10) days prior to the implementation of any such change[.]”
Thoughts please? Any agreement or disagreement?
Thank you.
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