Empathy List Archives

JH

Jared Harrison

Tue, Jun 22, 2021 1:27 PM

I have a city working on hiring a new city manager. One of the applicants that the council wants to interview lives out of state and asked if we could conduct the interview via Zoom. All of the councilmembers will be present and on site and the only person that would be attending would the interviewee. Will trying to conduct the interview that way cause issues with the open meeting act? So much of the act, when looking at §§ 307 and 307.1 is mostly concerned with where the councilmembers are as opposed to others participating in the meeting. However, § 307.1(B) specifically mentions that executive sessions cannot be held by video conference.

I’d appreciate any thoughts or input that the group has.

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared@hmlawoffice.com mailto:jared@hmlawoffice.com
Website: www.hmlawoffice.com http://www.hmlawoffice.com/

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I have a city working on hiring a new city manager. One of the applicants that the council wants to interview lives out of state and asked if we could conduct the interview via Zoom. All of the councilmembers will be present and on site and the only person that would be attending would the interviewee. Will trying to conduct the interview that way cause issues with the open meeting act? So much of the act, when looking at §§ 307 and 307.1 is mostly concerned with where the councilmembers are as opposed to others participating in the meeting. However, § 307.1(B) specifically mentions that executive sessions cannot be held by video conference. I’d appreciate any thoughts or input that the group has. Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. Box 658 Kingfisher, OK 73750 (Phone) 405-375-6484 (Fax) 405-375-6413 Email: jared@hmlawoffice.com<mailto:jared@hmlawoffice.com> Website: www.hmlawoffice.com<http://www.hmlawoffice.com/> [AY8OaK+2H4ydAAAAAElFTkSuQmCC] CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

DD

david davis

Tue, Jun 22, 2021 2:37 PM

I agree with your analysis. Another approach would be to have an interview committee with less than a quorum of public body perform the interview. The committee could then make recommendations to the governing body.

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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Jared Harrison jared@hmlawoffice.com
Sent: Tuesday, June 22, 2021 8:27 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Virtual Interviews

I have a city working on hiring a new city manager. One of the applicants that the council wants to interview lives out of state and asked if we could conduct the interview via Zoom. All of the councilmembers will be present and on site and the only person that would be attending would the interviewee. Will trying to conduct the interview that way cause issues with the open meeting act? So much of the act, when looking at §§ 307 and 307.1 is mostly concerned with where the councilmembers are as opposed to others participating in the meeting. However, § 307.1(B) specifically mentions that executive sessions cannot be held by video conference.

I’d appreciate any thoughts or input that the group has.

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared@hmlawoffice.com mailto:jared@hmlawoffice.com
Website: www.hmlawoffice.com https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hmlawoffice.com%2F&data=04%7C01%7C%7C5a1d435902cd4eb6c20808d935818dc7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637599652820382912%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=tYklpCXzbpQcrWonomyIZJn6r9juhayDWbLI82sveQg%3D&reserved=0

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CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

I agree with your analysis. Another approach would be to have an interview committee with less than a quorum of public body perform the interview. The committee could then make recommendations to the governing body. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Jared Harrison <jared@hmlawoffice.com> Sent: Tuesday, June 22, 2021 8:27 AM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Virtual Interviews I have a city working on hiring a new city manager. One of the applicants that the council wants to interview lives out of state and asked if we could conduct the interview via Zoom. All of the councilmembers will be present and on site and the only person that would be attending would the interviewee. Will trying to conduct the interview that way cause issues with the open meeting act? So much of the act, when looking at §§ 307 and 307.1 is mostly concerned with where the councilmembers are as opposed to others participating in the meeting. However, § 307.1(B) specifically mentions that executive sessions cannot be held by video conference. I’d appreciate any thoughts or input that the group has. Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. Box 658 Kingfisher, OK 73750 (Phone) 405-375-6484 (Fax) 405-375-6413 Email: jared@hmlawoffice.com<mailto:jared@hmlawoffice.com> Website: www.hmlawoffice.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hmlawoffice.com%2F&data=04%7C01%7C%7C5a1d435902cd4eb6c20808d935818dc7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637599652820382912%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=tYklpCXzbpQcrWonomyIZJn6r9juhayDWbLI82sveQg%3D&reserved=0> [AY8OaK+2H4ydAAAAAElFTkSuQmCC] CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

JB

Jeff Bryant

Tue, Jun 22, 2021 3:18 PM

Jared,

From what you described, the meeting of the Council is not being held by video conference. Only the person providing information to the Council during the Executive Session will be attending electronically. The prohibition in 25 O.S. §307.1.B relates to the conducting of the Executive Session by videoconference. I do not see a prohibition in the Act of having those providing information at the executive session by videoconference. The key is the intent of the public body. 2020 OK AG 4. If you post the public meeting properly, note that the Agenda contains an Executive Session, call the meeting to order properly and then vote to convene into Executive Session, I think you would be fine. Remember, no votes can be cast in executive session, so it would be information gathering and discussion only, but no decision making. Once the interview and discussion is completed, then the public body should adjourn out of Executive Session into the public meeting and then adjourn the public meeting, unless other items have been placed on the Agenda for that meeting. Hope this helps.

Jeff

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: Jared Harrison jared@hmlawoffice.com
Sent: Tuesday, June 22, 2021 8:28 AM
To: oama@lists.imla.org
Subject: [Oama] Virtual Interviews

I have a city working on hiring a new city manager. One of the applicants that the council wants to interview lives out of state and asked if we could conduct the interview via Zoom. All of the councilmembers will be present and on site and the only person that would be attending would the interviewee. Will trying to conduct the interview that way cause issues with the open meeting act? So much of the act, when looking at §§ 307 and 307.1 is mostly concerned with where the councilmembers are as opposed to others participating in the meeting. However, § 307.1(B) specifically mentions that executive sessions cannot be held by video conference.

I'd appreciate any thoughts or input that the group has.

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared@hmlawoffice.com mailto:jared@hmlawoffice.com
Website: www.hmlawoffice.com https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hmlawoffice.com%2F&data=04%7C01%7Cjbryant%40omag.org%7C0d0266bf6ce64f9c199808d935819183%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C1%7C637599652896339360%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=vEE0nWrQ3MwRsqgU3LBByrukewBtRiOP03GOOypIfCM%3D&reserved=0

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CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

Jared, From what you described, the meeting of the Council is not being held by video conference. Only the person providing information to the Council during the Executive Session will be attending electronically. The prohibition in 25 O.S. §307.1.B relates to the conducting of the Executive Session by videoconference. I do not see a prohibition in the Act of having those providing information at the executive session by videoconference. The key is the intent of the public body. 2020 OK AG 4. If you post the public meeting properly, note that the Agenda contains an Executive Session, call the meeting to order properly and then vote to convene into Executive Session, I think you would be fine. Remember, no votes can be cast in executive session, so it would be information gathering and discussion only, but no decision making. Once the interview and discussion is completed, then the public body should adjourn out of Executive Session into the public meeting and then adjourn the public meeting, unless other items have been placed on the Agenda for that meeting. Hope this helps. Jeff 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: Jared Harrison <jared@hmlawoffice.com> Sent: Tuesday, June 22, 2021 8:28 AM To: oama@lists.imla.org Subject: [Oama] Virtual Interviews I have a city working on hiring a new city manager. One of the applicants that the council wants to interview lives out of state and asked if we could conduct the interview via Zoom. All of the councilmembers will be present and on site and the only person that would be attending would the interviewee. Will trying to conduct the interview that way cause issues with the open meeting act? So much of the act, when looking at §§ 307 and 307.1 is mostly concerned with where the councilmembers are as opposed to others participating in the meeting. However, § 307.1(B) specifically mentions that executive sessions cannot be held by video conference. I'd appreciate any thoughts or input that the group has. Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. Box 658 Kingfisher, OK 73750 (Phone) 405-375-6484 (Fax) 405-375-6413 Email: jared@hmlawoffice.com<mailto:jared@hmlawoffice.com> Website: www.hmlawoffice.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hmlawoffice.com%2F&data=04%7C01%7Cjbryant%40omag.org%7C0d0266bf6ce64f9c199808d935819183%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C1%7C637599652896339360%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=vEE0nWrQ3MwRsqgU3LBByrukewBtRiOP03GOOypIfCM%3D&reserved=0> [AY8OaK+2H4ydAAAAAElFTkSuQmCC] CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.