Understanding Public Bodies: Characteristics, Meetings, and Open Meeting Act - Prof. Eugen, Study notes of Communication

Download Understanding Public Bodies: Characteristics, Meetings, and Open Meeting Act - Prof. Eugen and more Study notes Communication in PDF only on Docsity!  Oklahoma's OPEN MEETING Act -23 part 2 o What was the Legislature's goal in enacting the statute?  The legislature’s goal in enacting the Open Meeting Act (OMA) “was not simply to prevent/punish deliberate violations, but to restore sadly sagging pub confidence in government, a goal which is hurt by every noncomplying meeting regardless of whether or not the noncompliance resulted from evil motives. o What is the purpose of the statute? How should the statute be construed? When in doubt, the public body should do what?  The stated purpose of the Act is “to encourage and facilitate an informed citizenry’s understanding of the governmental processes and governmental problems.” Therefore, “a governmental body must operate with such openness that the citizenry is informed of its activities.”  The statute “is to be construed liberally in favor of the public.”  When in doubt, the members of any board, agency, authorization or commission should follow the open-meeting policy of the State o What is the definition of a public body? Who is specifically exempted?  Def (from previous outline): Any office, department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust or any entity  Create by a trust, county, city, village, town, township, district, school district, fair board, court, executive office, advisory group, task force, study group or any subdivision thereof  Supported in whole or in part by public funds or entrusted w/ the expenditure of public funds or administering or operating public property  And all committees or subcommittees thereof.  (This outline)Specifies in the Act as a public body:  Governing bodies of all municipalities  Boards of county commissioners  All boards, bureaus, commissions, agencies, trusteeships, authorities, councils, committees, public trusts or any entity created by a public trust, task forces, or study groups “supported in whole or in part by pub funds or entrusted w/ the expending of public funds, or administering public property”  The definition also included “all committees or subcommittees of a public body. The statute specifically exempts the  State judiciary  Council on Judicial Complaints when conducting, discussing, or deliberating any matter relating to a complaint received or filed with the Council,  Legislature, and 1  Admin, staffs of public bodies, including, but not limited to, faculty meeting and athletic staff meeting of institutions of higher education when those staffs are not meeting with the public body o What three characteristics help define a public body? Under what conditions could a private, not-for-profit organization be declared a public body?  A public body “must have one of the three characteristics:  1 – must be supported in whole or in part by public funds  2 – must be entrusted w/ the extending of public funds  3 – must administer public property  Being supported at least in part by publicly funded State agencies  Private orgs that record appropriations from the legislature grants of public funds which subsidize their operations would likely qualify as ‘supported in whole or in part by pub funds’ o Does selling a product to the government or receiving a government grant make the organization a public body?  No o What affects whether a subordinate entity created by a public body is also considered a public body? "Not making decisions" means what?  A subordinate entity w/ no actual or de facto decision-making authority would be exempt from the Open Meeting Act (Sanders v. Benton).  Citizens’ Advisory Committee created for the purpose of furnishing info, evaluations, and recommendations to the Board of Corrections was considered “a subordinate entity b/c it was not established by statute and had not statutory auth and whatever auth it did have, actual or de facto, was through the parent-entity, the Board of Corrections.” Citizen Advisory Committee didn’t come w/in purview of OMA b/c committee itself didn’t possess or exercise decision-making auth, either actual/de facto.  If subordinate entity in the performance of its assigned duties and responsibilities exercises actual or de facto decision-making auth, it must comply w/ open meetings law. Though pub funds supports it, doesn’t matter if didn’t actually make decisions.  Internal Association of Firefighters – court: whether to expand the Sanders rule to cover an individual who was responsible for negotiating a contract on behalf o t city, but who had no auth, either express or de facto, to make binding agreements 2 there is any motive to evade the OMA o Does the law prohibit members of a public body from gathering socially? Can they discuss public business at social gatherings? Why? Does the statute apply to the "discussion stage"?  No.  No – can’t meet informally to decide any action or take any vote on the matter.  Sunshine legislature reaches, not just ‘formal’ meetings, but ‘entire decision-making process’ – OK CoCA  No open meeting legislation should open to public scrutiny purely private conduct. However, if gov officials use their private or social time to discuss agenda items and even more importantly, to determine how they will vote, the purpose of the open meeting law will have been circumvented. Public access to a mere ‘rubber stamp’ vote is all but useless.  Clearly intended discussion stage to be covered by OMA. When member’s of pub body meet informally and begin discussing matters affecting pub body, regardless any motive to evade OMA --- falls under OMA. o Can a single member of the public body obtain a consensus by meeting alone with every other member? Would this apply to e-mails sent among the members of a public body? Would this apply to the assistants of members of a public body?  No – would be to condone decision-making by pub bodies in secret, which is the every evil against which the OMA is directed.  Ex:Mustang City Councel members – discussed city bus via e- mails. 4 members ignored City Attny and City Mgr’s warnings to avoid it. Councilwoman solicited votes.  Yes.  Assistants: yes. o When can a public body legally meet in private? What are the nine topics?  Employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee.  Negotiations concerning employees and representatives of employee groups  Purchase or appraisal of real property  Confidential communications between a public body and its attorney concerning a pending investigation, claim, or action if the public body, with the advice of its attorney, determines that disclosure will seriously impair the ability of the public body to process the claim or conduct a 5 pending investigation, litigation, or proceeding in the public interest.  Expulsion or suspension of a student when a private meeting is requested by the student involved or his parent, attorney or legal guardian  Matters involving a specific handicapped child  Any matter where disclosure of info. Would violate confidentiality requirements of state or federal law  Deliberating or rendering a final or intermediate decision in an individual proceeding pursuant to Article II of the Administrative Procedures Act.  Terrorism  The agenda item for an executive session "employment" exemption must include what?  Must include either the name of the person or the person’s position if it “is so unique as to allow adequate identification.”  A pending claim can refer to what? What limitation is placed upon the exemption for confidential communications between the public body and its attorney?  A pending claim can refer to litigation or an administrative action which either presently exists or is merely potential or anticipated. However, “the legislature did not exempt from public scrutiny every discussion between a public body and its attorney involving a pending investigation, claim or action. Rather, such issues may be discussed in executive session only if the public body and its attorney determine that disclosure will seriously impair the body’s ability to deal with the issues in the public interest.  This limitation on the basis for an executive session… means a public body may not close a meeting merely to get general legal advice from its attorney that does not meet the standard of serious impairment and injury to the public interest.  Are public bodies required to conduct executive sessions?  no  Why are public bodies not allowed to meet secretly with experts in an attempt to gain more knowledge about a subject?  “An open deliberative process reveals rejected alternatives about which the public might not know if access to study sessions and deliberative meetings were denied. The public’s right to know would be defeated if a public body could hold a nonpublic ‘investigatory meeting’ to gain insight into a matter and then reform into a public meeting for the actual vote.”  What is the procedure for conducting an executive session? 6  Public body must propose executive session on its agenda. The agenda item must “contain sufficient information for the public to ascertain that an executive session will be proposed, identify the items of business and purposes of the executive session,” and state the specific statutory authorization for the executive session.  Under what circumstances can "new business" be discussed in executive session?  Public bodies are permitted to meet in executive session under “new business” provided that subject was “not known about or …could not have been reasonably foreseen” prior to the posting of the agenda and topic is one for which executive sessions are permitted.  In general, may public bodies vote in executive session?  no  What are the penalties/consequences for conducting an illegal executive session?  A willful violation of the Open Meeting Act’s executive session provisions would subject each member to criminal sanctions and cause the minutes and other records of the session, including tape recordings, “to be immediately made public.” o Why is advance public notice of a meeting required?  Without public notice, Sunshine legislation is ineffective. o How much advance notice must a public body give for:  Regular meetings? What notice must be given for changing the date/time for a regular meeting?  Each public body is required to provide in writing by each December 15 a schedule showing the date, time and place of its regularly scheduled meetings for the following calendar year.  Written notice of any change in the date, time or place of a regularly scheduled meeting has to be provided no less than ten days in advance.  Special meetings?  Written notice must be made at least 48 hours in advance  Emergency meetings?  Must provide “as much advance public notice as is reasonable and possible under the circumstances existing, in person or by telephonic or electronic means.” o How much in advance must the agenda be posted for each kind of meeting, including a continued or reconvened meeting?  Must be posted at least 24 hours in advance, excluding weekends and state holidays. 7