The Oklahoma Bar Journal November 2022

M unicipal L aw

Municipalities and the Open Meeting Act By Julie Trout Lombardi

“If you’re guided by a spirit of transparency, it forces you to operate with a spirit of ethics. Success comes from simplifying complex issues, address problems head on, be truthful and transparent.” – Rodney Davis

“Trust happens when leaders are transparent.” – Jack Welch

It is the responsibility and duty of all attorneys representing munici palities to have a thorough mas tery of the act and its mandates. The Oklahoma Court of Appeals has made clear that public officers must have a clear understanding of the OMA: The Open Meeting Act is not obscure or incomprehensible. On the contrary, anyone with ten minutes to spare can read the whole thing and under stand virtually every word. Each member of a covered public body should have taken that ten minutes as soon as the Act became effective … Lack of familiarity is no excuse. 2 While the language and requirements of the OMA are generally clear and understand able, potential peril awaits those who fail to fully comprehend each discrete section of the act. Having a comprehensive appreciation for the OMA and all it compels and

prohibits will keep your city, town and elected officials secure from adverse penalties, including con viction of a misdemeanor crime with an accompanying fine and invalidation of actions taken by the public body. The OMA comes into play whenever a public body holds a meeting. “Public body” is defined in §304(1) of Title 25 and includes all governing bodies of all munici palities as well as all boards, com missions, authorities and public trusts. Essentially, any public body charged with the responsibility of expending public funds or administering public property is included within the reach of the OMA. This encompasses city councils or commissions, planning commissions, boards of adjustment and other municipal bodies with decision-making authority, bod ies supported in whole or part by public funds and those entrusted MEETINGS THAT ARE SUBJECT TO THE OMA

The Oklahoma Open Meeting Act (OMA), found in Title 25 of the Oklahoma Statutes, Sections 301 through 314, was intended to “encourage and facilitate an informed citizenry’s understanding of the governmental processes and government problems.” 1 A version of the OMA was originally enacted in 1959 and has been substantially revised on numerous occasions since then. The bulk of what com prises the OMA today was signed into law by Gov. David Boren in June 1977. The spirit of the OMA, from the beginning, was to create, ensure and protect transparency at all lev els of Oklahoma government. The act is intended to encourage the public to participate in state gov ernment while better understand ing the governmental processes. In furtherance of this important goal, the OMA contains provisions gov erning notice of meetings, meeting agendas, business to be discussed and resolved during meetings and what transpires during meetings.

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THE OKLAHOMA BAR JOURNAL