Repost -- Candidate for Governing Body - Conflict of Interest
I posted this Tuesday evening but haven't received any feedback. I'm
reposting, hoping some will have time to consider and respond today.
Thank you,
Kim
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, March 28, 2023 6:06 PM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: Candidate for Governing Body - Conflict of Interest
One of my municipalities is involved in contentious litigation with another
public entity. The other entity sued my client and the members of that
governing body have engaged in countless, egregious violations of the open
meetings act, open records act, and other laws. (My client filed a
counterclaim.)
One of the candidates in the upcoming election is the child of one of the
members of the other board. The level of disdain and hatred expressed by
the parent/board member toward my client and its members would have to be
seen to be fully understood. It has been shocking.
SO - what if the child prevails in the election? Could the current
governing body adopt a conflicts of interest policy that would prevent the
child from participating in executive sessions during which the matter is
discussed?
(As far as I am aware, there is no state law that addresses this situation.
Please correct me if I'm wrong on that.)
I know the child will make an oath of loyalty to the municipality and will
be bound to keep secret the matters discussed in executive session. As a
practical matter, though, I don't think that will happen - even if the child
has every intention of honoring the oath and law, these issues are just too
personal to the family. I can't imagine it not being a frequent topic of
discussion among them.
Any advice/experience will be much appreciated. I want to schedule a special
meeting if there is some action to be taken.
Thanks very much,
Kim Spady
I know of no state law either. I think the answer is no.
Ray
From: Kim@spadylaw.com
Sent: Friday, March 31, 2023 10:48 AM
To: 'OAMA luistserv'
Subject: [Oama] Repost -- Candidate for Governing Body - Conflict of Interest
I posted this Tuesday evening but haven’t received any feedback. I’m reposting, hoping some will have time to consider and respond today.
Thank you,
Kim
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, March 28, 2023 6:06 PM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: Candidate for Governing Body - Conflict of Interest
One of my municipalities is involved in contentious litigation with another public entity. The other entity sued my client and the members of that governing body have engaged in countless, egregious violations of the open meetings act, open records act, and other laws. (My client filed a counterclaim.)
One of the candidates in the upcoming election is the child of one of the members of the other board. The level of disdain and hatred expressed by the parent/board member toward my client and its members would have to be seen to be fully understood. It has been shocking.
SO – what if the child prevails in the election? Could the current governing body adopt a conflicts of interest policy that would prevent the child from participating in executive sessions during which the matter is discussed?
(As far as I am aware, there is no state law that addresses this situation. Please correct me if I’m wrong on that.)
I know the child will make an oath of loyalty to the municipality and will be bound to keep secret the matters discussed in executive session. As a practical matter, though, I don’t think that will happen – even if the child has every intention of honoring the oath and law, these issues are just too personal to the family. I can’t imagine it not being a frequent topic of discussion among them.
Any advice/experience will be much appreciated. I want to schedule a special meeting if there is some action to be taken.
Thanks very much,
Kim Spady
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I cannot comprehend or find any scenario that would allow your client to exclude the child/candidate from either taking office or attending executive session.
Isn't municipal law fun?!?
[cid:storage_emulated_0_Android_data_com_samsung_android_email_provider_files__EmailTempImage_1669025123_ffa59c40-f397-46b5-a86a-4587dad64669_195289_gif_1680283439412]
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.com
-------- Original message --------
From: rayvincent@coxinet.net
Date: 3/31/23 12:02 PM (GMT-06:00)
To: Kim@spadylaw.com, 'OAMA luistserv' oama@lists.imla.org
Subject: [Oama] Re: Repost -- Candidate for Governing Body - Conflict of Interest
I know of no state law either. I think the answer is no.
Ray
From: Kim@spadylaw.com
Sent: Friday, March 31, 2023 10:48 AM
To: 'OAMA luistserv'
Subject: [Oama] Repost -- Candidate for Governing Body - Conflict of Interest
I posted this Tuesday evening but haven’t received any feedback. I’m reposting, hoping some will have time to consider and respond today.
Thank you,
Kim
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, March 28, 2023 6:06 PM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: Candidate for Governing Body - Conflict of Interest
One of my municipalities is involved in contentious litigation with another public entity. The other entity sued my client and the members of that governing body have engaged in countless, egregious violations of the open meetings act, open records act, and other laws. (My client filed a counterclaim.)
One of the candidates in the upcoming election is the child of one of the members of the other board. The level of disdain and hatred expressed by the parent/board member toward my client and its members would have to be seen to be fully understood. It has been shocking.
SO – what if the child prevails in the election? Could the current governing body adopt a conflicts of interest policy that would prevent the child from participating in executive sessions during which the matter is discussed?
(As far as I am aware, there is no state law that addresses this situation. Please correct me if I’m wrong on that.)
I know the child will make an oath of loyalty to the municipality and will be bound to keep secret the matters discussed in executive session. As a practical matter, though, I don’t think that will happen – even if the child has every intention of honoring the oath and law, these issues are just too personal to the family. I can’t imagine it not being a frequent topic of discussion among them.
Any advice/experience will be much appreciated. I want to schedule a special meeting if there is some action to be taken.
Thanks very much,
Kim Spady
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
My opinion - if they get elected to the Council, then they have the full
power and authority as a Councilmember including the right to attend
executive session. Frankly, some might disagree with this, but I'm not sure
that you can force a Councilmember to sit out of executive session if they
are suing the City and the session is about the lawsuit. I've only had that
come up one time (when I was litigating Wilson v. City of Tecumseh). That
case involved a City suing to recover money paid based on the theory that
the Council violated the OMA when authorizing the payment (so effectively
we sued to say that we violated the OMA). The vote was 3-2 and by the time
suit was filed only 1 of the 3 who voted for the payment was still on the
Council. When the qui tam demand came in, the 2 former Councilmembers and
1 current Councilmember sued the City in a Dec action to try to get the
Court to bless the payment. We then used that lawsuit to file a 3rd party
action against the person that got the money. But when we held executive
sessions on the case, you still had 1 Councilman who was a Plaintiff suing
the City. The potential issue resolved itself as that Councilman readily
offered to not attend the executive sessions. But if he had forced the
issue, I don't think we could have prevented him from attending the session.
On Fri, Mar 31, 2023 at 10:48 AM Kim@spadylaw.com wrote:
I posted this Tuesday evening but haven’t received any feedback. I’m
reposting, hoping some will have time to consider and respond today.
Thank you,
Kim
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, March 28, 2023 6:06 PM
To: 'OAMA luistserv' oama@lists.imla.org
Subject: Candidate for Governing Body - Conflict of Interest
One of my municipalities is involved in contentious litigation with
another public entity. The other entity sued my client and the members of
that governing body have engaged in countless, egregious violations of the
open meetings act, open records act, and other laws. (My client filed a
counterclaim.)
One of the candidates in the upcoming election is the child of one of the
members of the other board. The level of disdain and hatred expressed by
the parent/board member toward my client and its members would have to be
seen to be fully understood. It has been shocking.
SO – what if the child prevails in the election? Could the current
governing body adopt a conflicts of interest policy that would prevent the
child from participating in executive sessions during which the matter is
discussed?
(As far as I am aware, there is no state law that addresses this
situation. Please correct me if I’m wrong on that.)
I know the child will make an oath of loyalty to the municipality and will
be bound to keep secret the matters discussed in executive session. As a
practical matter, though, I don’t think that will happen – even if the
child has every intention of honoring the oath and law, these issues are
just too personal to the family. I can’t imagine it not being a frequent
topic of discussion among them.
Any advice/experience will be much appreciated. I want to schedule a
special meeting if there is some action to be taken.
Thanks very much,
Kim Spady
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org