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public meeting notice not posted in time

PM
Phillip Morton
Mon, Feb 13, 2023 3:27 PM

This is probably a rookie question, but it's first time i've encountered
this situation.

I got word from a "concerned" citizen that the agenda/notice of meeting for
a regularly scheduled city council meeting was not posted within the 24
hours as required by law. I don't when it was posted yet - I received the
email from the concerned citizen on Saturday and the notice was to be
posted this last friday by 7 p.m..

Assuming the notice was NOT posted in time, am I correct in thinking that
the city's only options are a special meeting at a later date, an emergency
meeting if grounds exist, or to wait for the next regular meeting. If the
notice is not posted in time, the city can't have the regularly scheduled
meeting, correct?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.

This is probably a rookie question, but it's first time i've encountered this situation. I got word from a "concerned" citizen that the agenda/notice of meeting for a regularly scheduled city council meeting was not posted within the 24 hours as required by law. I don't when it was posted yet - I received the email from the concerned citizen on Saturday and the notice was to be posted this last friday by 7 p.m.. Assuming the notice was NOT posted in time, am I correct in thinking that the city's only options are a special meeting at a later date, an emergency meeting if grounds exist, or to wait for the next regular meeting. If the notice is not posted in time, the city can't have the regularly scheduled meeting, correct? Phillip N. Morton, J.D. P.O. Box 1886 Ada, OK 74820 Phone: 580-759-0049 Fax: 580-759-2177 Email: MortonLawOffice@gmail.com CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling *580-759-0049*.
ML
Matt Love
Mon, Feb 13, 2023 3:35 PM

Remember that the posting requirement was amended a few years ago to say
that posting requirement can be met if it is posted at the location
(physical posting) or on the public body's website. See 25 O.S.
311(9)(a)&(b).

If it didn't get posted in either location, then you can't hold the meeting
(since you can only have a legal meeting if you follow the requirements).
You could hold a special meeting, which means 48 hours notice to the Clerk
of date/time/location and then 24 hours for the agenda - so you could hold
it as soon as Wednesday. You could wait until the next regular meeting
date. An emergency meeting would likely be a stretch given how narrow the
definition is of what constitutes an emergency (one rule of thumb you can
use there - if it can wait 48 hours so you could call a special meeting,
then it is not an emergency; if it can't wait 48 hours, then you could see
if it fits the narrow criteria).

Matt

On Mon, Feb 13, 2023 at 9:28 AM Phillip Morton mortonlawoffice@gmail.com
wrote:

This is probably a rookie question, but it's first time i've encountered
this situation.

I got word from a "concerned" citizen that the agenda/notice of meeting
for a regularly scheduled city council meeting was not posted within the 24
hours as required by law. I don't when it was posted yet - I received the
email from the concerned citizen on Saturday and the notice was to be
posted this last friday by 7 p.m..

Assuming the notice was NOT posted in time, am I correct in thinking that
the city's only options are a special meeting at a later date, an emergency
meeting if grounds exist, or to wait for the next regular meeting. If the
notice is not posted in time, the city can't have the regularly scheduled
meeting, correct?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.

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Remember that the posting requirement was amended a few years ago to say that posting requirement can be met if it is posted at the location (physical posting) or on the public body's website. *See* 25 O.S. 311(9)(a)&(b). If it didn't get posted in either location, then you can't hold the meeting (since you can only have a legal meeting if you follow the requirements). You could hold a special meeting, which means 48 hours notice to the Clerk of date/time/location and then 24 hours for the agenda - so you could hold it as soon as Wednesday. You could wait until the next regular meeting date. An emergency meeting would likely be a stretch given how narrow the definition is of what constitutes an emergency (one rule of thumb you can use there - if it can wait 48 hours so you could call a special meeting, then it is not an emergency; if it can't wait 48 hours, then you could see if it fits the narrow criteria). Matt On Mon, Feb 13, 2023 at 9:28 AM Phillip Morton <mortonlawoffice@gmail.com> wrote: > This is probably a rookie question, but it's first time i've encountered > this situation. > > I got word from a "concerned" citizen that the agenda/notice of meeting > for a regularly scheduled city council meeting was not posted within the 24 > hours as required by law. I don't when it was posted yet - I received the > email from the concerned citizen on Saturday and the notice was to be > posted this last friday by 7 p.m.. > > Assuming the notice was NOT posted in time, am I correct in thinking that > the city's only options are a special meeting at a later date, an emergency > meeting if grounds exist, or to wait for the next regular meeting. If the > notice is not posted in time, the city can't have the regularly scheduled > meeting, correct? > > Phillip N. Morton, J.D. > P.O. Box 1886 > Ada, OK 74820 > Phone: 580-759-0049 > Fax: 580-759-2177 > Email: MortonLawOffice@gmail.com > > CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail > transmission, as well as any attachments, may contain confidential > information that is legally privileged. If you are not the intended > recipient, any disclosure, copying, distribution, or use of any of the > information contained in or attached to this message is STRICTLY PROHIBITED > by law. If you have received this message in error, please immediately > notify us by replying to this email or by calling *580-759-0049*. > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >