Special Meeting Agenda/ Notice
Fellow Attorneys:
For a Special Meeting, do you:have a Notice, AND an Agenda?;;orCombine those documents in one heading, "Notice and Agenda" or...Let the Agenda serve as both, and make sure it is posted more than 48 hours in advance?
Also...Do you send to the County Clerk a copy of your notice/ Agenda for a Special Meeting?
Wondering how you handle the above for Special Meetings.
Thanks so much.
Kay Wall918.689.7737 office
They can be combined, but notice of special meeting must be 48 hours before the meeting and agenda is 24 hours before the meeting.
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.commailto:rthompson@cheekfalcone.com
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Visit us at our website http://www.cheekfalcone.com/
From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Tuesday, October 4, 2022 2:53 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Special Meeting Agenda/ Notice
Fellow Attorneys:
For a Special Meeting, do you:
have a Notice, AND an Agenda?;;or
Combine those documents in one heading, "Notice and Agenda" or...
Let the Agenda serve as both, and make sure it is posted more than 48 hours in advance?
Also...
Do you send to the County Clerk a copy of your notice/ Agenda for a Special Meeting?
Wondering how you handle the above for Special Meetings.
Thanks so much.
Kay Wall
918.689.7737 office
Kay,
For a municipality, a special meting requires 48 hour notice of the date, time and place of the meeting, and 24 hour posting of the agenda. 25 O.S. 311:
- Special meetings of public bodies shall not be held without public notice being given at least forty-eight (48) hours prior to the meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to the Secretary of State or to the county clerk or to the municipal clerk by public bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this subsection. The public body also shall cause written notice of the date, time and place of the meeting to be mailed or delivered to each person, newspaper, wire service, radio station and television station that has filed a written request for notice of meetings of the public body with the clerk or secretary of the public body or with some other person designated by the public body. Such written notice shall be mailed or delivered at least forty-eight (48) hours prior to the special meeting. The public body may charge a fee of up to Eighteen Dollars ($18.00) per year to persons or entities filing a written request for notice of meetings, and may require such persons or entities to renew the request for notice annually. In addition, all public bodies shall, at least twenty-four (24) hours prior to such special meetings, display public notice of the meeting, setting forth thereon the date, time, place and agenda for the meeting. Only matters appearing on the posted agenda may be considered at the special meeting. Such public notice shall be posted in prominent public view at the principal office of the public body or at the location of the meeting if no office exists. Twenty-four (24) hours prior public posting shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma. In lieu of the public posting requirements of this paragraph, a public body may elect to follow the requirements found in subparagraph b of paragraph 9 of this subsection, provided that forty-eight-hour notice is required for special meetings and that the forty-eight-hour requirement shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma;
We typically combine the two, and post the agenda 48 hours before the meeting. The notice must be sent to those identified in Sec. 311, which would include the municipal clerk (not the state or county).
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Tuesday, October 4, 2022 2:53 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Special Meeting Agenda/ Notice
Fellow Attorneys:
For a Special Meeting, do you:
have a Notice, AND an Agenda?;;or
Combine those documents in one heading, "Notice and Agenda" or...
Let the Agenda serve as both, and make sure it is posted more than 48 hours in advance?
Also...
Do you send to the County Clerk a copy of your notice/ Agenda for a Special Meeting?
Wondering how you handle the above for Special Meetings.
Thanks so much.
Kay Wall
918.689.7737 office
FYI:
Coincidently, I attended the Attorney General’s seminar on Open Meeting and Open Records Acts yesterday in Tulsa. The Deputy AG stated that the 48 hours notice to the city/municipal clerk excludes Saturdays, Sundays and state holidays. I couldn’t keep my mouth shut, so I asked him for the citation to that requirement. He said it was in Section 311.
Admittedly this provision in the Act may be poorly worded, but I read this particular 48-hour requirement as not excluding Saturdays, Sundays and state holidays, unless you rely upon an internet posting of your agenda. (See the last sentence of this provision.) Although we usually take the conservative approach and post a notice to the city/municipal clerk and the agenda 48 hours before the meeting, I have also relied upon my interpretation in a pinch, that the time does not exclude Saturdays, Sundays, and holidays.
I would be interested in others’ interpretations, if you have an opinion.
Thanks,
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: Jon Miller JMiller@cityofmustang.org
Sent: Tuesday, October 4, 2022 2:58 PM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Special Meeting Agenda/ Notice
Kay,
For a municipality, a special meting requires 48 hour notice of the date, time and place of the meeting, and 24 hour posting of the agenda. 25 O.S. 311:
- Special meetings of public bodies shall not be held without public notice being given at least forty-eight (48) hours prior to the meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to the Secretary of State or to the county clerk or to the municipal clerk by public bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this subsection. The public body also shall cause written notice of the date, time and place of the meeting to be mailed or delivered to each person, newspaper, wire service, radio station and television station that has filed a written request for notice of meetings of the public body with the clerk or secretary of the public body or with some other person designated by the public body. Such written notice shall be mailed or delivered at least forty-eight (48) hours prior to the special meeting. The public body may charge a fee of up to Eighteen Dollars ($18.00) per year to persons or entities filing a written request for notice of meetings, and may require such persons or entities to renew the request for notice annually. In addition, all public bodies shall, at least twenty-four (24) hours prior to such special meetings, display public notice of the meeting, setting forth thereon the date, time, place and agenda for the meeting. Only matters appearing on the posted agenda may be considered at the special meeting. Such public notice shall be posted in prominent public view at the principal office of the public body or at the location of the meeting if no office exists. Twenty-four (24) hours prior public posting shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma. In lieu of the public posting requirements of this paragraph, a public body may elect to follow the requirements found in subparagraph b of paragraph 9 of this subsection, provided that forty-eight-hour notice is required for special meetings and that the forty-eight-hour requirement shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma;
We typically combine the two, and post the agenda 48 hours before the meeting. The notice must be sent to those identified in Sec. 311, which would include the municipal clerk (not the state or county).
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>
Sent: Tuesday, October 4, 2022 2:53 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Special Meeting Agenda/ Notice
Fellow Attorneys:
For a Special Meeting, do you:
have a Notice, AND an Agenda?;;or
Combine those documents in one heading, "Notice and Agenda" or...
Let the Agenda serve as both, and make sure it is posted more than 48 hours in advance?
Also...
Do you send to the County Clerk a copy of your notice/ Agenda for a Special Meeting?
Wondering how you handle the above for Special Meetings.
Thanks so much.
Kay Wall
918.689.7737 office
CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.
I agree the language in §311 could be more clearly written. I also agree that, structurally, it appears that if the intention were to make exclusion of weekends and holidays from the calculation of 48 hours apply to all notices of special meetings then it would not have been included only after the reference to inline posting. That said, to avoid an issue we have excluded weekends and holidays in calculating the 48 hour notice period. Fortunately, we have not had a situation that required a shorter time that would not otherwise qualify as an emergency.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Boulden, Patrick patrickboulden@tulsacouncil.org
Sent: Tuesday, October 4, 2022 3:17 PM
To: OAMA Luistserv oama@lists.imla.org
Cc: Jon Miller JMiller@cityofmustang.org; Kay Robbins Wall lkrw@sbcglobal.net
Subject: RE: [Oama] Re: Special Meeting Agenda/ Notice
FYI: Coincidently, I attended the Attorney General’s seminar on Open Meeting and Open Records Acts yesterday in Tulsa. The Deputy AG stated that the 48 hours notice to the city/municipal clerk
FYI:
Coincidently, I attended the Attorney General’s seminar on Open Meeting and Open Records Acts yesterday in Tulsa. The Deputy AG stated that the 48 hours notice to the city/municipal clerk excludes Saturdays, Sundays and state holidays. I couldn’t keep my mouth shut, so I asked him for the citation to that requirement. He said it was in Section 311.
Admittedly this provision in the Act may be poorly worded, but I read this particular 48-hour requirement as not excluding Saturdays, Sundays and state holidays, unless you rely upon an internet posting of your agenda. (See the last sentence of this provision.) Although we usually take the conservative approach and post a notice to the city/municipal clerk and the agenda 48 hours before the meeting, I have also relied upon my interpretation in a pinch, that the time does not exclude Saturdays, Sundays, and holidays.
I would be interested in others’ interpretations, if you have an opinion.
Thanks,
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org>
Sent: Tuesday, October 4, 2022 2:58 PM
To: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>; OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Special Meeting Agenda/ Notice
Kay,
For a municipality, a special meting requires 48 hour notice of the date, time and place of the meeting, and 24 hour posting of the agenda. 25 O.S. 311:
- Special meetings of public bodies shall not be held without public notice being given at least forty-eight (48) hours prior to the meetings. Such public notice of date, time and place shall be given in writing, in person or by telephonic means to the Secretary of State or to the county clerk or to the municipal clerk by public bodies in the manner set forth in paragraphs 2, 3, 4, 5 and 6 of this subsection. The public body also shall cause written notice of the date, time and place of the meeting to be mailed or delivered to each person, newspaper, wire service, radio station and television station that has filed a written request for notice of meetings of the public body with the clerk or secretary of the public body or with some other person designated by the public body. Such written notice shall be mailed or delivered at least forty-eight (48) hours prior to the special meeting. The public body may charge a fee of up to Eighteen Dollars ($18.00) per year to persons or entities filing a written request for notice of meetings, and may require such persons or entities to renew the request for notice annually. In addition, all public bodies shall, at least twenty-four (24) hours prior to such special meetings, display public notice of the meeting, setting forth thereon the date, time, place and agenda for the meeting. Only matters appearing on the posted agenda may be considered at the special meeting. Such public notice shall be posted in prominent public view at the principal office of the public body or at the location of the meeting if no office exists. Twenty-four (24) hours prior public posting shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma. In lieu of the public posting requirements of this paragraph, a public body may elect to follow the requirements found in subparagraph b of paragraph 9 of this subsection, provided that forty-eight-hour notice is required for special meetings and that the forty-eight-hour requirement shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma;
We typically combine the two, and post the agenda 48 hours before the meeting. The notice must be sent to those identified in Sec. 311, which would include the municipal clerk (not the state or county).
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: Kay Robbins Wall <lkrw@sbcglobal.netmailto:lkrw@sbcglobal.net>
Sent: Tuesday, October 4, 2022 2:53 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Special Meeting Agenda/ Notice
Fellow Attorneys:
For a Special Meeting, do you:
have a Notice, AND an Agenda?;;or
Combine those documents in one heading, "Notice and Agenda" or...
Let the Agenda serve as both, and make sure it is posted more than 48 hours in advance?
Also...
Do you send to the County Clerk a copy of your notice/ Agenda for a Special Meeting?
Wondering how you handle the above for Special Meetings.
Thanks so much.
Kay Wall
918.689.7737 office
CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.
There is an obscure AG opinion that says the Agenda must be posted with the notice but if you look at AG website it says 48 hour notice and 24 hours for Agenda.
Ray
From: Robert Thompson
Sent: Tuesday, October 4, 2022 2:55 PM
To: Kay Robbins Wall ; OAMA Luistserv
Subject: [Oama] Re: Special Meeting Agenda/ Notice
They can be combined, but notice of special meeting must be 48 hours before the meeting and agenda is 24 hours before the meeting.
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
CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/
From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Tuesday, October 4, 2022 2:53 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Special Meeting Agenda/ Notice
Fellow Attorneys:
For a Special Meeting, do you:
have a Notice, AND an Agenda?;;or
Combine those documents in one heading, "Notice and Agenda" or...
Let the Agenda serve as both, and make sure it is posted more than 48 hours in advance?
Also...
Do you send to the County Clerk a copy of your notice/ Agenda for a Special Meeting?
Wondering how you handle the above for Special Meetings.
Thanks so much.
Kay Wall
918.689.7737 office
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