Fellow municipal attorneys, how do you handle when the public wants to ask
you a question regarding an agenda item at a council meeting? I know that
the public is to address the mayor who governs the meetings, but from time
to time members of the public want to ask something of the city attorney.
Assuming there is no privileged information in an answer, how do you handle
this? Do you refrain from ever answering? I feel like many questions are
geared toward acquiring information that is privileged or geared (often
inadvertently) to receiving legal advice. Just wanted the thoughts of those
whose intellect is far superior to my own
I generally respond that any questions must be addressed to the chair. The chair may or may not ask me to respond. If I respond to a question, it is generally only to provide non-privileged information or information that is procedural in nature. For example, I might get respond that I can’t provide any legal advice, but Mustang ordinances provide….
Hope this helps.
Jon Miller
City of Mustang
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From: Phillip Morton mortonlawoffice@gmail.com
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Fellow municipal attorneys, how do you handle when the public wants to ask you a question regarding an agenda item at a council meeting? I know that the public is to address the mayor who governs the
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sophospsmartbannerend
Fellow municipal attorneys, how do you handle when the public wants to ask you a question regarding an agenda item at a council meeting? I know that the public is to address the mayor who governs the meetings, but from time to time members of the public want to ask something of the city attorney. Assuming there is no privileged information in an answer, how do you handle this? Do you refrain from ever answering? I feel like many questions are geared toward acquiring information that is privileged or geared (often inadvertently) to receiving legal advice. Just wanted the thoughts of those whose intellect is far superior to my own
I’m told, but have not researched it, that a new statute allows those in attendance to ask questions provided they are recognized by a member of the Board or council.
Harlan Pinkerton
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On Mar 21, 2022, at 6:21 PM, Phillip Morton mortonlawoffice@gmail.com wrote:
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Any chance one of you has a citation to the new statute?
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From: HARLAN PINKERTON via Oama oama@lists.imla.org
Sent: Monday, March 21, 2022 8:20 PM
To: Phillip Morton mortonlawoffice@gmail.com
Cc: oama@lists.imla.org
Subject: [Oama] Re: Questions for municipal attorney at council meeting
I’m told, but have not researched it, that a new statute allows those in attendance to ask questions provided they are recognized by a member of the Board or council.
Harlan Pinkerton
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On Mar 21, 2022, at 6:21 PM, Phillip Morton mortonlawoffice@gmail.com wrote:
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I think Jon's answer is spot on. I would only add that it is good to be as helpful and polite as possible without interrupting the meeting, violating a confidence, or giving advice. Good Luck!
-----Original Message-----
From: Jon Miller JMiller@cityofmustang.org
Sent: Monday, March 21, 2022 6:29 PM
To: Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] Questions for municipal attorney at council meeting
I generally respond that any questions must be addressed to the chair. The chair may or may not ask me to respond. If I respond to a question, it is generally only to provide non-privileged information or information that is procedural in nature. For example, I might get respond that I can't provide any legal advice, but Mustang ordinances provide....
Hope this helps.
Jon Miller
City of Mustang
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Monday, March 21, 2022 6:21:09 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Questions for municipal attorney at council meeting
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