Has anyone prepared agendas which reflect teleconferencing,
video-conferencing, and the public being limited due to the 10 person rule?

Thank you in advance.

Ted

NOTICE:  UNTIL APRIL 15, 2020.  OFFICE HOURS 9 A.M.-3 P.M. MON-THURS, 9
A.M.-NOON ON FRIDAY.  IN PERSON MEETINGS BY APPOINTMENT ONLY.

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information
intended only for the intended recipient. If you are not the intended
recipient, or if you believe you have received this transmission in error,
do not distribute, disclose or copy this message. Please immediately notify
us by telephone or by return email, and delete this email and any
attachments from your electronic files.

What constitutional rights are being violated?

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.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://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: Oama oama-bounces@lists.imla.org On Behalf Of Bart Bouse
Sent: Friday, March 27, 2020 10:08 AM
To: Suzanne Paulson spaulson@omag.org; Andie haxellaw@aol.com; oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Agendas-Teleconferencing/video-conferencing

Finally.  I just couldn’t understand why this was so difficult for other municipal counsels.  You still can’t violate constitutional rights. No ifs, ands, or buts.

[cid:image001.png@01D60427.DA328D30]
This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.commailto:bartbouse@bouselaw.com or 580-256-1285 and then delete it.

From: Suzanne Paulson via Oamamailto:oama@lists.imla.org
Sent: Friday, March 27, 2020 9:50 AM
To: Andiemailto:haxellaw@aol.com; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Agendas-Teleconferencing/video-conferencing

From the AG

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

Suzanne D. Paulson
General Counsel
spaulson@omag.orgmailto:spaulson@omag.org

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Andie via Oama
Sent: Friday, March 27, 2020 9:29 AM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Agendas-Teleconferencing/video-conferencing

Has anyone prepared agendas which reflect teleconferencing, video-conferencing, and the public being limited due to the 10 person rule?

Thank you in advance.

Ted

NOTICE:  UNTIL APRIL 15, 2020.  OFFICE HOURS 9 A.M.-3 P.M. MON-THURS, 9 A.M.-NOON ON FRIDAY.  IN PERSON MEETINGS BY APPOINTMENT ONLY.

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

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I amended my answer to say violating the open meeting act as well.  I will state upfront that I am a strict constructionist of the Constitution and always have been.  As a municipal attorney for over 20 years, I see more and more that municipal governments want to bend the rules and find the grey area instead of being open and transparent.  Almost every attorney general we’ve had in the last 20 years has had to constantly remind municipal governments their requirements under the Open Meeting Act and the Oklahoma Constitution.  Drew Edmondson was doing in the late 90s and we’re still doing it. However, since you asked.  The Oklahoma Constitution provides some of the following:

§ 3. Right of assembly and petition.
The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, address, or remonstrance.

§ 7. Due process of law.
No person shall be deprived of life, liberty, or property, without due process of law.
§ 63. Continuity of governmental operations in periods of emergency.
The Legislature, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the Legislature shall in all respects conform to the requirements of this Constitution.
Article 63 still requires any legislative body to meet in order to pass laws.  I have watched the last few weeks as communities vote to give mayors authority to pass laws or emergency declarations and municipal attorneys debating meeting in private.  Those actions are simply unconstitutional.  We have authority,  based on emergency law from the State to use videoconferencing, but it still must be public and the entire board must still meet.  Teleconferencing, by the way, has been in the open meeting act sine inception.  But, it’s plain and clear, you have to meet in public and allow the public to attend by some means.

Municipal corporations only have power as derived from the Oklahoma Constitution

§ 2. Existing municipal corporations continued - Rights and powers.
Every municipal corporation now existing within this State shall continue with all of its present rights and powers until otherwise provided by law, and shall always have the additional rights and powers conferred by the Constitution.
As municipal attorneys, we need to slow down, read the Oklahoma Constitution and the Open Meeting Act, inform our clients accordingly, and require them to have open and transparent meetings and decisions.

This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.com or 580-256-1285 and then delete it.

From: Rick Knighton
Sent: Friday, March 27, 2020 11:07 AM
To: 'Bart Bouse'; Suzanne Paulson; Andie; oama@lists.imla.org
Subject: RE: [Oama] Agendas-Teleconferencing/video-conferencing

What constitutional rights are being violated?

How extremely strange.  All the city attorneys with whom I am acquainted are passionate about the Open Meeting Act and transparency.  I simply don’t know any municipal lawyers who are looking to “bend the rules and find the grey area.”

Frankly, right now I am more proud than ever to be a city attorney in Oklahoma.  I think we have seen this group attempting to determine exactly what we are required to do and how to best advise our cities under unprecedented and highly difficult circumstances.  Let’s keep up the good, hard work, and continue to encourage and advise one another.  Accusations and criticism are completely unhelpful and inappropriate at the present time.

Julie Trout Lombardi
City Attorney
City of Owasso
PO Box 180
200 S Main St
Owasso, OK  74055
Phone: 918-376-1511  Fax  918-376-1599
Email:  jlombardi@cityofowasso.commailto:jlombardi@cityofowasso.com
www.cityofowasso.comhttp://www.cityofowasso.com/

[owasso_logo_2017CAPS]

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Bart Bouse
Sent: Friday, March 27, 2020 11:39 AM
To: Rick Knighton Rick.Knighton@NormanOK.gov; Suzanne Paulson spaulson@omag.org; Andie haxellaw@aol.com; oama@lists.imla.org
Subject: Re: [Oama] Agendas-Teleconferencing/video-conferencing

I amended my answer to say violating the open meeting act as well.  I will state upfront that I am a strict constructionist of the Constitution and always have been.  As a municipal attorney for over 20 years, I see more and more that municipal governments want to bend the rules and find the grey area instead of being open and transparent.  Almost every attorney general we’ve had in the last 20 years has had to constantly remind municipal governments their requirements under the Open Meeting Act and the Oklahoma Constitution.  Drew Edmondson was doing in the late 90s and we’re still doing it. However, since you asked.  The Oklahoma Constitution provides some of the following:

§ 3. Right of assembly and petition.

The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, address, or remonstrance.

§ 7. Due process of law.

No person shall be deprived of life, liberty, or property, without due process of law.

§ 63. Continuity of governmental operations in periods of emergency.

The Legislature, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the Legislature shall in all respects conform to the requirements of this Constitution.
Article 63 still requires any legislative body to meet in order to pass laws.  I have watched the last few weeks as communities vote to give mayors authority to pass laws or emergency declarations and municipal attorneys debating meeting in private.  Those actions are simply unconstitutional.  We have authority,  based on emergency law from the State to use videoconferencing, but it still must be public and the entire board must still meet.  Teleconferencing, by the way, has been in the open meeting act sine inception.  But, it’s plain and clear, you have to meet in public and allow the public to attend by some means.

Municipal corporations only have power as derived from the Oklahoma Constitution

§ 2. Existing municipal corporations continued - Rights and powers.

Every municipal corporation now existing within this State shall continue with all of its present rights and powers until otherwise provided by law, and shall always have the additional rights and powers conferred by the Constitution.
As municipal attorneys, we need to slow down, read the Oklahoma Constitution and the Open Meeting Act, inform our clients accordingly, and require them to have open and transparent meetings and decisions.

This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.commailto:bartbouse@bouselaw.com or 580-256-1285 and then delete it.

From: Rick Knightonmailto:Rick.Knighton@NormanOK.gov
Sent: Friday, March 27, 2020 11:07 AM
To: 'Bart Bouse'mailto:bartbouse@bouselaw.com; Suzanne Paulsonmailto:spaulson@omag.org; Andiemailto:haxellaw@aol.com; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: RE: [Oama] Agendas-Teleconferencing/video-conferencing

What constitutional rights are being violated?

The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney-client or other applicable privilege, or constitute non-public information. It is intended to be sent only to the recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then deleting it from your system. Use, dissemination, distribution, or reproduction of this message by an unintended recipient is not authorized and may be unlawful.

Well said Julie.  I am not aware of any municipal lawyers who want to bend or stretch the law in regard to the OMA.  Now, I have known a client or two that would have liked to do that, but after proper counseling, chose not to do so.  Accusations and criticism is not appropriate at any time.  The legislation was quickly drafted and left a lot of unanswered questions in regard to the practical application of the law.  That is what people are struggling with, not in the compliance.  We have more than 30 lawyers in this office and I bet there are 20 different opinions on what the law says.  In fact, I disagree with the AG’s office on a few points.  I think the lawyers and their Clients are struggling with how to comply and protect the public at the same time.  They all want to do the right thing.

I am truly glad this is only temporary.  There is no reason to be critical.

Wiley “Butch” Williams
Deputy Municipal Counselor
200 N. Walker,  4th Floor
Oklahoma City, Oklahoma 73102
Direct: 405-297-2685
Mobile: 405-824-5198

From: Oama oama-bounces@lists.imla.org On Behalf Of Lombardi, Julie
Sent: Friday, March 27, 2020 12:01 PM
To: Bart Bouse bartbouse@bouselaw.com; Rick Knighton Rick.Knighton@NormanOK.gov; Suzanne Paulson spaulson@omag.org; Andie haxellaw@aol.com; oama@lists.imla.org
Subject: Re: [Oama] Agendas-Teleconferencing/video-conferencing

How extremely strange.  All the city attorneys with whom I am acquainted are passionate about the Open Meeting Act and transparency.  I simply don’t know any municipal lawyers who are looking to “bend the rules and find the grey area.”

Frankly, right now I am more proud than ever to be a city attorney in Oklahoma.  I think we have seen this group attempting to determine exactly what we are required to do and how to best advise our cities under unprecedented and highly difficult circumstances.  Let’s keep up the good, hard work, and continue to encourage and advise one another.  Accusations and criticism are completely unhelpful and inappropriate at the present time.

Julie Trout Lombardi
City Attorney
City of Owasso
PO Box 180
200 S Main St
Owasso, OK  74055
Phone: 918-376-1511  Fax  918-376-1599
Email:  jlombardi@cityofowasso.commailto:jlombardi@cityofowasso.com
www.cityofowasso.comhttps://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityofowasso.com%2F&data=02%7C01%7CWiley.Williams%40okc.gov%7C58d3794a500b454f628308d7d272341c%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637209260265951100&sdata=WyGGJKN%2FmhVCgEiM%2BroK1UWeEvyPk1dqB%2FfPV3h6t2g%3D&reserved=0

[owasso_logo_2017CAPS]

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Bart Bouse
Sent: Friday, March 27, 2020 11:39 AM
To: Rick Knighton <Rick.Knighton@NormanOK.govmailto:Rick.Knighton@NormanOK.gov>; Suzanne Paulson <spaulson@omag.orgmailto:spaulson@omag.org>; Andie <haxellaw@aol.commailto:haxellaw@aol.com>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Agendas-Teleconferencing/video-conferencing

I amended my answer to say violating the open meeting act as well.  I will state upfront that I am a strict constructionist of the Constitution and always have been.  As a municipal attorney for over 20 years, I see more and more that municipal governments want to bend the rules and find the grey area instead of being open and transparent.  Almost every attorney general we’ve had in the last 20 years has had to constantly remind municipal governments their requirements under the Open Meeting Act and the Oklahoma Constitution.  Drew Edmondson was doing in the late 90s and we’re still doing it. However, since you asked.  The Oklahoma Constitution provides some of the following:

§ 3. Right of assembly and petition.

The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, address, or remonstrance.

§ 7. Due process of law.

No person shall be deprived of life, liberty, or property, without due process of law.

§ 63. Continuity of governmental operations in periods of emergency.

The Legislature, in order to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the Legislature shall in all respects conform to the requirements of this Constitution.
Article 63 still requires any legislative body to meet in order to pass laws.  I have watched the last few weeks as communities vote to give mayors authority to pass laws or emergency declarations and municipal attorneys debating meeting in private.  Those actions are simply unconstitutional.  We have authority,  based on emergency law from the State to use videoconferencing, but it still must be public and the entire board must still meet.  Teleconferencing, by the way, has been in the open meeting act sine inception.  But, it’s plain and clear, you have to meet in public and allow the public to attend by some means.

Municipal corporations only have power as derived from the Oklahoma Constitution

§ 2. Existing municipal corporations continued - Rights and powers.

Every municipal corporation now existing within this State shall continue with all of its present rights and powers until otherwise provided by law, and shall always have the additional rights and powers conferred by the Constitution.
As municipal attorneys, we need to slow down, read the Oklahoma Constitution and the Open Meeting Act, inform our clients accordingly, and require them to have open and transparent meetings and decisions.

This e mail transmission and/or attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. It contains information from the law firm of Bartlett A. Bouse, P.L.L.C., which is either confidential or legally privileged and is intended only for the use of the individual or entity named in the e mail. If you are not the intended recipient, you are hereby notified that any retention, dissemination, disclosure, copying, distribution, or other unauthorized use of, or the taking of any action in reliance on the contents of this information, is strictly prohibited. If you received this e mail in error, please notify this office at bartbouse@bouselaw.commailto:bartbouse@bouselaw.com or 580-256-1285 and then delete it.

From: Rick Knightonmailto:Rick.Knighton@NormanOK.gov
Sent: Friday, March 27, 2020 11:07 AM
To: 'Bart Bouse'mailto:bartbouse@bouselaw.com; Suzanne Paulsonmailto:spaulson@omag.org; Andiemailto:haxellaw@aol.com; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: RE: [Oama] Agendas-Teleconferencing/video-conferencing

What constitutional rights are being violated?

The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney-client or other applicable privilege, or constitute non-public information. It is intended to be sent only to the recipient(s) named above. If you are not an intended recipient of this message, please notify the sender by replying to this message and then deleting it from your system. Use, dissemination, distribution, or reproduction of this message by an unintended recipient is not authorized and may be unlawful.  ­­
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.