I posed a question a few minutes ago as follows.  "Quick question please.  We have a meeting set for this evening.  All Council members are listed on the notice of open meeting as attending remotely.  A Council member now desires to appear in person.  Is this permissible?"

To clarify, I am looking to Title 25 O.S. Section 307.1(C)(2)-(3) which provides:

"2. The meeting notice and agenda prepared in advance of the meeting, as required by law, shall indicate if the meeting will include teleconferencing or videoconferencing and shall also state:

a. each public body member appearing remotely and the method of each member's remote appearance, and

b. the identity of the public body member or members who will be physically present at the meeting site, if any;

3. After the meeting notice and agenda are prepared and posted as required by law, public body members shall not be permitted to alter their method of attendance; provided, however, those members who were identified as appearing remotely may be permitted to physically appear at the meeting site, if any, for the meeting;" (emphasis added).

Therefore, my thought is that the Council member may appear in person; PROVIDED, a physical site is noted in the notice. Any different opinion?

I agree that, if the notice and agenda include a physical meeting site and is not limited to video or audio participation, then choosing to attend physically is permissible even though the notice indicated the person would appear remotely.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Tuesday, August 4, 2020 11:21 AM
To: oama@lists.imla.org
Subject: [Oama] Remote Attendance and Open Meeting

I posed a question a few minutes ago as follows.  "Quick question please.  We have a meeting set for this evening.  All Council members are listed on the notice of open meeting as attending remotely.  A Council member now desires to appear in person.  Is this permissible?"

To clarify, I am looking to Title 25 O.S. Section 307.1(C)(2)-(3) which provides:

"2. The meeting notice and agenda prepared in advance of the meeting, as required by law, shall indicate if the meeting will include teleconferencing or videoconferencing and shall also state:

a. each public body member appearing remotely and the method of each member's remote appearance, and

b. the identity of the public body member or members who will be physically present at the meeting site, if any;

3. After the meeting notice and agenda are prepared and posted as required by law, public body members shall not be permitted to alter their method of attendance; provided, however, those members who were identified as appearing remotely may be permitted to physically appear at the meeting site, if any, for the meeting;" (emphasis added).

Therefore, my thought is that the Council member may appear in person; PROVIDED, a physical site is noted in the notice. Any different opinion?

Toni Himes Capra

Attorney at Law

802 SW D Avenue

Lawton, OK 73501

580-355-5551 telephone

580-357-8811 facsimile

From: Jon Miller
Sent: Tuesday, August 4, 2020 11:25 AM
To: Michael Beason; oama@lists.imla.org
Subject: Re: [Oama] Remote Attendance and Open Meeting

I agree that, if the notice and agenda include a physical meeting site and is not limited to video or audio participation, then choosing to attend physically is permissible even though the notice indicated the person would appear remotely.

Jonathan E. Miller

City Attorney

City of Mustang

1885 Piedmont Road N., Suite B

P.O. Box 546

Piedmont, Oklahoma 73078

Telephone: (405) 883-6266

Facsimile: (405) 883-6155

*******************************************************************************

This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Tuesday, August 4, 2020 11:21 AM
To: oama@lists.imla.org
Subject: [Oama] Remote Attendance and Open Meeting

I posed a question a few minutes ago as follows. “Quick question please. We have a meeting set for this evening. All Council members are listed on the notice of open meeting as attending remotely. A Council member now desires to appear in person. Is this permissible?”

To clarify, I am looking to Title 25 O.S. Section 307.1(C)(2)-(3) which provides:

“2. The meeting notice and agenda prepared in advance of the meeting, as required by law, shall indicate if the meeting will include teleconferencing or videoconferencing and shall also state:

a. each public body member appearing remotely and the method of each member's remote appearance, and

b. the identity of the public body member or members who will be physically present at the meeting site, if any;

3. After the meeting notice and agenda are prepared and posted as required by law, public body members shall not be permitted to alter their method of attendance; provided, however, those members who were identified as appearing remotely may be permitted to physically appear at the meeting site, if any, for the meeting;” (emphasis added).

Therefore, my thought is that the Council member may appear in person; PROVIDED, a physical site is noted in the notice. Any different opinion?