Meetings Now
Agreed, Jeff. The perfect result would be to have ability for public to speak. It the technology just isn’t there for many cities. And to invite public to a space, even with social distancing, could be ill advised.
Many of the restrictions implemented by cities are violative of constitutional rights Such as the right to assemble, but are required now sure to this unprecedented health crisis. To forgo public speaking, when it is not required by the open meetings act may be a necessary evil during this time of crisis.
The public has elected members to the City Council. That is the ultimate public speaking. It is still an option for the public to contact their representatives through other means.
Having said that, every effort is being made to include the public. If technology, that evil master, cooperates.
Claudia
On Mar 26, 2020, at 11:30 AM, Jeff Bryant via Oama oama@lists.imla.org wrote:
Larry,
I am not aware of any “requirements”, but I do think if a local governing body is going to offer a physical public meeting place (instead of just meeting only by videoconference or teleconference) then the local governing body would also have the ability, for health and safety reasons, to implement a spacing requirement for those attending, and perhaps offering space on a first come, first serve nondiscriminatory basis. In my opinion this approach would be even more defensible if the public were offered participation options via videoconference and/or teleconference. This approach follows the policy of the Open Meeting Act and follows the spirit and intent of the SB661 as well as the spirit and intent of Executive Orders requiring social distancing to prevent community spread of the coronavirus.
These are certainly uncharted waters, so certainly each City Attorney and each public body will need to make their best judgement call based on their own particular facts and circumstances. I hope this is helpful.
Jeff Bryant
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
<image001.png>
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://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: Oama oama-bounces@lists.imla.org On Behalf Of Larry Vickers
Sent: Thursday, March 26, 2020 10:57 AM
To: Kathryn Walker Kathryn.Walker@NormanOK.gov; 'Kimberlee Spady' Kim@spadylaw.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: External Source Meetings Now
Are there new requirements that allow you to keep the public out of the meeting area but require you to allow them video/audio access?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852015370&sdata=62LQE8HzHTKzqsKkhlz1bJf%2F%2BI5jvDPOzgIjMU%2B1n74%3D&reserved=0
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Kathryn Walker <Kathryn.Walker@NormanOK.govmailto:Kathryn.Walker@NormanOK.gov>
Sent: Wednesday, March 25, 2020 1:05:55 PM
To: 'Kimberlee Spady'
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: External Source Meetings Now
Yes. And live streaming is as simple as logging into your City’s YouTube account.
Kathryn L. Walker
City Attorney
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady
Sent: Wednesday, March 25, 2020 1:32 PM
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] External Source Meetings Now
Does Zoom offer the option of recording the meeting (as required under the new provisions)?
Kim Spady
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Kathryn Walker
Sent: Wednesday, March 25, 2020 1:16 PM
To: 'Larry Vickers' <larry@lvickerslaw.commailto:larry@lvickerslaw.com>; Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>; Claudia Conner <claudia.conner@bethanyok.orgmailto:claudia.conner@bethanyok.org>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] External Source Meetings Now
We held our first video-conference Council meeting last night. We had a number of public hearings and we opened City Hall for public comment so that members of the public who may be disabled or who do not have internet access could participate within the Zoom meeting on a laptop at City Hall (no one came in person). Using Zoom we were able to live stream the meeting on our YouTube channel and we read comments and questions from the livestream as well that were germane to the item being discussed. A few hitches but it went surprisingly well.
Kathryn L. Walker
City Attorney
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Larry Vickers
Sent: Wednesday, March 25, 2020 12:18 PM
To: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>; Claudia Conner <claudia.conner@bethanyok.orgmailto:claudia.conner@bethanyok.org>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] External Source Meetings Now
thanks!
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852015370&sdata=62LQE8HzHTKzqsKkhlz1bJf%2F%2BI5jvDPOzgIjMU%2B1n74%3D&reserved=0
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>
Sent: Wednesday, March 25, 2020 10:50:05 AM
To: Claudia Conner; Larry Vickers
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: RE: [Oama] External Source Meetings Now
Senate Bill 661 relaxed some of the requirements for public meetings that fall under the Open Meeting Act. A discussion of that Bill can be found here: https://www.omag.org/news/2020/3/18/coronavirus-emergency-and-the-open-meetings-acthttps://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.omag.org%2Fnews%2F2020%2F3%2F18%2Fcoronavirus-emergency-and-the-open-meetings-act&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852025364&sdata=UskiYWqmVe2%2BUaemdtKq5nByROhB8qWo7sKk2jml7F0%3D&reserved=0
Hope this is helpful.
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
<image001.png>
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852025364&sdata=zRyTioeb5eBE5kZnmj2U31K%2FCobjnsHR5O7c6u7awi4%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Claudia Conner
Sent: Wednesday, March 25, 2020 11:34 AM
To: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] External Source Meetings Now
Through teleconference or videoconference. I’m wrestling with the public’s rights. As you know, public meeting is not public speaking so any agenda item that requires such will be delayed. Also, we won’t put “public comments” on the agenda.
We will FB Live the meeting simultaneously as well as it being broadcast by Cox but not simultaneously.
What is required for public other than what I’ve mentioned
Sent from my iPad
On Mar 25, 2020, at 11:15 AM, Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com> wrote:
Group,
I know have seen various discussions on the topic(s), but how can a Town Council hold a meeting in these times and in light of the Governor's proclamation?
Thanks,
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852035351&sdata=OeHKTmFbov9ZbwELRtcsKSZHre5%2F0yEzjco2rcxm5yI%3D&reserved=0
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
Oama mailing list
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Oama mailing list
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In my opinion, if you list a physical location for the meeting, then you
have to let the public attend there, even if all your governing body
members will attend remote. The issue of limiting access is dicey. First,
I'm not sure the Governor's restriction on social gatherings of more than
10 people would apply to attendance at a public meeting (not really a
social gathering). But I don't think a Court will smack a City if they
limit the total number of people (and requiring and provide seating that
allows for social distancing) as long as preference isn't given to who gets
into the meeting based, say, on viewpoint. I think you could reserve X
spots for press (if you have any that attend), and let the rest of the
spots go to the public on a first come, first serve basis. I would include
the attendance limitation on the agenda (not a legal requirement, but I
think it helps in a future challenge) and note and remind them about the
ability to attend remote.
On Thu, Mar 26, 2020 at 11:30 AM Jeff Bryant via Oama oama@lists.imla.org
wrote:
Larry,
I am not aware of any “requirements”, but I do think if a local governing
body is going to offer a physical public meeting place (instead of just
meeting only by videoconference or teleconference) then the local governing
body would also have the ability, for health and safety reasons, to
implement a spacing requirement for those attending, and perhaps offering
space on a first come, first serve nondiscriminatory basis. In my opinion
this approach would be even more defensible if the public were offered
participation options via videoconference and/or teleconference. This
approach follows the policy of the Open Meeting Act and follows the spirit
and intent of the SB661 as well as the spirit and intent of Executive
Orders requiring social distancing to prevent community spread of the
coronavirus.
These are certainly uncharted waters, so certainly each City Attorney and
each public body will need to make their best judgement call based on their
own particular facts and circumstances. I hope this is helpful.
Jeff Bryant
*Jeff H Bryant *Director of Legal Services
Associate General Counsel
jbryant@omag.org jbryant@omag.org
[image: 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: Oama oama-bounces@lists.imla.org *On Behalf Of *Larry Vickers
Sent: Thursday, March 26, 2020 10:57 AM
To: Kathryn Walker Kathryn.Walker@NormanOK.gov; 'Kimberlee Spady' <
Kim@spadylaw.com>
Cc: oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: External Source Meetings Now
Are there new requirements that allow you to keep the public out of the
meeting area but require you to allow them video/audio access?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
*Muskogee, Oklahoma 74401 *
*Phone: 918-682-5900 *
Fax: 918-682-5905
*303 South Thornton *
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.com
https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852015370&sdata=62LQE8HzHTKzqsKkhlz1bJf%2F%2BI5jvDPOzgIjMU%2B1n74%3D&reserved=0
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
From: Oama oama-bounces@lists.imla.org on behalf of Kathryn Walker <
Kathryn.Walker@NormanOK.gov>
Sent: Wednesday, March 25, 2020 1:05:55 PM
To: 'Kimberlee Spady'
Cc: oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: External Source Meetings Now
Yes. And live streaming is as simple as logging into your City’s YouTube
account.
Kathryn L. Walker
City Attorney
From: Oama oama-bounces@lists.imla.org *On Behalf Of *Kimberlee Spady
Sent: Wednesday, March 25, 2020 1:32 PM
Cc: oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] External Source Meetings Now
Does Zoom offer the option of recording the meeting (as required under the
new provisions)?
Kim Spady
From: Oama oama-bounces@lists.imla.org *On Behalf Of *Kathryn Walker
Sent: Wednesday, March 25, 2020 1:16 PM
To: 'Larry Vickers' larry@lvickerslaw.com; Jeff Bryant <
jbryant@omag.org>; Claudia Conner claudia.conner@bethanyok.org
Cc: oama@lists.imla.org
Subject: Re: [Oama] External Source Meetings Now
We held our first video-conference Council meeting last night. We had a
number of public hearings and we opened City Hall for public comment so
that members of the public who may be disabled or who do not have internet
access could participate within the Zoom meeting on a laptop at City Hall
(no one came in person). Using Zoom we were able to live stream the meeting
on our YouTube channel and we read comments and questions from the
livestream as well that were germane to the item being discussed. A few
hitches but it went surprisingly well.
Kathryn L. Walker
City Attorney
From: Oama oama-bounces@lists.imla.org *On Behalf Of *Larry Vickers
Sent: Wednesday, March 25, 2020 12:18 PM
To: Jeff Bryant jbryant@omag.org; Claudia Conner <
claudia.conner@bethanyok.org>
Cc: oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] External Source Meetings Now
thanks!
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
*Muskogee, Oklahoma 74401 *
*Phone: 918-682-5900 *
Fax: 918-682-5905
*303 South Thornton *
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.com
https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852015370&sdata=62LQE8HzHTKzqsKkhlz1bJf%2F%2BI5jvDPOzgIjMU%2B1n74%3D&reserved=0
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
From: Jeff Bryant jbryant@omag.org
Sent: Wednesday, March 25, 2020 10:50:05 AM
To: Claudia Conner; Larry Vickers
Cc: oama@lists.imla.org
Subject: RE: [Oama] External Source Meetings Now
Senate Bill 661 relaxed some of the requirements for public meetings that
fall under the Open Meeting Act. A discussion of that Bill can be found
here:
https://www.omag.org/news/2020/3/18/coronavirus-emergency-and-the-open-meetings-act
https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.omag.org%2Fnews%2F2020%2F3%2F18%2Fcoronavirus-emergency-and-the-open-meetings-act&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852025364&sdata=UskiYWqmVe2%2BUaemdtKq5nByROhB8qWo7sKk2jml7F0%3D&reserved=0
Hope this is helpful.
Jeff H Bryant Director of Legal Services
Associate General Counsel
jbryant@omag.org jbryant@omag.org
[image: OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org
https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852025364&sdata=zRyTioeb5eBE5kZnmj2U31K%2FCobjnsHR5O7c6u7awi4%3D&reserved=0
From: Oama oama-bounces@lists.imla.org *On Behalf Of *Claudia Conner
Sent: Wednesday, March 25, 2020 11:34 AM
To: Larry Vickers larry@lvickerslaw.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] External Source Meetings Now
Through teleconference or videoconference. I’m wrestling with the
public’s rights. As you know, public meeting is not public speaking so any
agenda item that requires such will be delayed. Also, we won’t put “public
comments” on the agenda.
We will FB Live the meeting simultaneously as well as it being broadcast
by Cox but not simultaneously.
What is required for public other than what I’ve mentioned
Sent from my iPad
On Mar 25, 2020, at 11:15 AM, Larry Vickers larry@lvickerslaw.com wrote:
Group,
I know have seen various discussions on the topic(s), but how can a Town
Council hold a meeting in these times and in light of the Governor's
proclamation?
Thanks,
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
*Muskogee, Oklahoma 74401 *
*Phone: 918-682-5900 *
Fax: 918-682-5905
*303 South Thornton *
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.com
https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852035351&sdata=OeHKTmFbov9ZbwELRtcsKSZHre5%2F0yEzjco2rcxm5yI%3D&reserved=0
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
--
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
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I completely agree
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com
From: Oama oama-bounces@lists.imla.org on behalf of Matt Love matt.love@gmail.com
Sent: Thursday, March 26, 2020 2:01:58 PM
To: Jeff Bryant jbryant@omag.org
Cc: oama@lists.imla.org oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: External Source Meetings Now
In my opinion, if you list a physical location for the meeting, then you have to let the public attend there, even if all your governing body members will attend remote. The issue of limiting access is dicey. First, I'm not sure the Governor's restriction on social gatherings of more than 10 people would apply to attendance at a public meeting (not really a social gathering). But I don't think a Court will smack a City if they limit the total number of people (and requiring and provide seating that allows for social distancing) as long as preference isn't given to who gets into the meeting based, say, on viewpoint. I think you could reserve X spots for press (if you have any that attend), and let the rest of the spots go to the public on a first come, first serve basis. I would include the attendance limitation on the agenda (not a legal requirement, but I think it helps in a future challenge) and note and remind them about the ability to attend remote.
On Thu, Mar 26, 2020 at 11:30 AM Jeff Bryant via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:
Larry,
I am not aware of any “requirements”, but I do think if a local governing body is going to offer a physical public meeting place (instead of just meeting only by videoconference or teleconference) then the local governing body would also have the ability, for health and safety reasons, to implement a spacing requirement for those attending, and perhaps offering space on a first come, first serve nondiscriminatory basis. In my opinion this approach would be even more defensible if the public were offered participation options via videoconference and/or teleconference. This approach follows the policy of the Open Meeting Act and follows the spirit and intent of the SB661 as well as the spirit and intent of Executive Orders requiring social distancing to prevent community spread of the coronavirus.
These are certainly uncharted waters, so certainly each City Attorney and each public body will need to make their best judgement call based on their own particular facts and circumstances. I hope this is helpful.
Jeff Bryant
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
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From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Larry Vickers
Sent: Thursday, March 26, 2020 10:57 AM
To: Kathryn Walker Kathryn.Walker@NormanOK.gov; 'Kimberlee Spady' <Kim@spadylaw.commailto:Kim@spadylaw.com>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: External Source Meetings Now
Are there new requirements that allow you to keep the public out of the meeting area but require you to allow them video/audio access?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852015370&sdata=62LQE8HzHTKzqsKkhlz1bJf%2F%2BI5jvDPOzgIjMU%2B1n74%3D&reserved=0
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From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Kathryn Walker <Kathryn.Walker@NormanOK.govmailto:Kathryn.Walker@NormanOK.gov>
Sent: Wednesday, March 25, 2020 1:05:55 PM
To: 'Kimberlee Spady'
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Re: External Source Meetings Now
Yes. And live streaming is as simple as logging into your City’s YouTube account.
Kathryn L. Walker
City Attorney
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady
Sent: Wednesday, March 25, 2020 1:32 PM
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] External Source Meetings Now
Does Zoom offer the option of recording the meeting (as required under the new provisions)?
Kim Spady
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Kathryn Walker
Sent: Wednesday, March 25, 2020 1:16 PM
To: 'Larry Vickers' <larry@lvickerslaw.commailto:larry@lvickerslaw.com>; Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>; Claudia Conner <claudia.conner@bethanyok.orgmailto:claudia.conner@bethanyok.org>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] External Source Meetings Now
We held our first video-conference Council meeting last night. We had a number of public hearings and we opened City Hall for public comment so that members of the public who may be disabled or who do not have internet access could participate within the Zoom meeting on a laptop at City Hall (no one came in person). Using Zoom we were able to live stream the meeting on our YouTube channel and we read comments and questions from the livestream as well that were germane to the item being discussed. A few hitches but it went surprisingly well.
Kathryn L. Walker
City Attorney
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Larry Vickers
Sent: Wednesday, March 25, 2020 12:18 PM
To: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>; Claudia Conner <claudia.conner@bethanyok.orgmailto:claudia.conner@bethanyok.org>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] External Source Meetings Now
thanks!
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852015370&sdata=62LQE8HzHTKzqsKkhlz1bJf%2F%2BI5jvDPOzgIjMU%2B1n74%3D&reserved=0
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>
Sent: Wednesday, March 25, 2020 10:50:05 AM
To: Claudia Conner; Larry Vickers
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: RE: [Oama] External Source Meetings Now
Senate Bill 661 relaxed some of the requirements for public meetings that fall under the Open Meeting Act. A discussion of that Bill can be found here: https://www.omag.org/news/2020/3/18/coronavirus-emergency-and-the-open-meetings-acthttps://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.omag.org%2Fnews%2F2020%2F3%2F18%2Fcoronavirus-emergency-and-the-open-meetings-act&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852025364&sdata=UskiYWqmVe2%2BUaemdtKq5nByROhB8qWo7sKk2jml7F0%3D&reserved=0
Hope this is helpful.
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852025364&sdata=zRyTioeb5eBE5kZnmj2U31K%2FCobjnsHR5O7c6u7awi4%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Claudia Conner
Sent: Wednesday, March 25, 2020 11:34 AM
To: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] External Source Meetings Now
Through teleconference or videoconference. I’m wrestling with the public’s rights. As you know, public meeting is not public speaking so any agenda item that requires such will be delayed. Also, we won’t put “public comments” on the agenda.
We will FB Live the meeting simultaneously as well as it being broadcast by Cox but not simultaneously.
What is required for public other than what I’ve mentioned
Sent from my iPad
On Mar 25, 2020, at 11:15 AM, Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com> wrote:
Group,
I know have seen various discussions on the topic(s), but how can a Town Council hold a meeting in these times and in light of the Governor's proclamation?
Thanks,
Larry Vickers, Jr.
Attorney At Law, P.L.L.C
Specializing in Criminal Defense,Family Law, Juvenile/Deprived Law.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
Fax: 918-682-5905
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
Fax: 918-773-4045
http://www.lvickerslaw.comhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cjbryant%40omag.org%7C6e74bed88ebb4efece0708d7d19f2927%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637208353852035351&sdata=OeHKTmFbov9ZbwELRtcsKSZHre5%2F0yEzjco2rcxm5yI%3D&reserved=0
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I don't think this has been addressed in this thread, and apologize if it
has:
Could you hold a remote only meeting using TC or VC where one member of the
governing body happened to attend from the Council Chambers at City Hall?
No physical address in the notice, expressly noticed as just a TC/VC. It
just happens that the member attends from the Chambers?
I think the answer is probably yes. But does that change if two members are
going to attend in the Council Chambers? Assume that two would not be a
quorum. I think that would be too far mostly because the definitions of TC
and VC related to how the governing body members interact and communicate
with one another, and having two in the room would, as to those two, not be
a TC or VC since they are in person together.
What do you all think?