OMA Gosh! Avoiding Open Meeting Act

ViolationsJessica Sherrill, OSSBA Staff Attorney

Most common questions relate to OMA

Introductory Story

Your Board President calls you to let you know that an issue has come up and wants you to call a special meeting. You suspect this has to do with your football coach, because you’ve heard some rumors he wants more money. And, your Board President hates your head football coach.

Let’s Spot the Issues

Your Board President calls you to let you know that an issue has come up and wants you to call a special meeting.

Can this be handled in a regular meeting, or is it urgent enough to require a special meeting? More importantly, who decides?

Let’s Spot the Issues

Remember that special meetings cannot be set sooner than 48 hours since notice has to be given to the county clerk. Agenda has to be posted for 24 hours.

If you call a special meeting, you can’t have new business – so your items for discussion or action have to be more definite.

Let’s Spot the Issues

You suspect this has to do with your football coach, because you’ve heard some rumors he wants more money.

What do you do? What does your Board President know? Is s/he biased? And, does it matter?

How do I get this in executive session?

Story continues

You know you need to word your agenda so that a particular issue can be brought into executive session.

A teacher has resigned on the first day of school, and you need to replace her right away. We want to discuss it privately.

Executive Session

Another common question we get is:

“How do I get this in executive session?”

If it doesn’t already fit into one of the exceptions in the law (25 O.S. section 307(B)), it won’t fit. Don’t get creative.

Most common executive session exceptions used

(1) – to discuss employment issues (2) – to negotiate (3) – to discuss purchase/appraisal of

real property (4) – talk with attorney (5) – to discuss specific student

suspension (7) – to discuss something otherwise

protected as confidential

What if we want to talk with our attorney on the phone in executive session?

25 O.S. § 307(B)(4) allows your board to discuss pending litigation with your attorney. No requirement that the attorney drive out to your school district for this to happen. Use your phone!

Once the attorney is off the phone, you stop talking about it!

Executive Session Note Be sure to list all topics to be discussed

in executive session clearly on the agenda with legal citation for each.

For example:› Proposed executive session to discuss

the resignation and employment of 5th grade teacher pursuant to 25 section 307(B)(1), and

The purchase of real property pursuant to 25 section 307 (B)(3).

Story continued

A special meeting is called for Friday at 6 p.m. Proper notice is given to the county clerk. Your secretary drafted the agenda from your notes but obviously didn’t understand what you wanted. The agenda is a mess. And, a board member says he can’t be there until probably 6:30 p.m.

Meeting is called

What is wrong with this picture?

AgendaSpecial Meeting

Friday, August 24, 20136:00

School Gym

Answers

AgendaSpecial Meeting

Friday, August 24, 2013 – Date is wrong!

6:00 – AM or PM?School Gym – Need address

Board member is running late

One of the board members says he can’t be there until probably 6:30 p.m. but the agenda says the meeting starts at 6 p.m.

It depends on whether you have a quorum. If yes, then call at 6 p.m. If no, then can’t call until he gets there.

Story continues The agenda has been fixed to indicate the correct

information, and luckily, it was done before the 24 hour period began to run. At 6:15 p.m., all board members have arrived for the meeting, and it is called to order.

And up comes this item:

Public comment on any agenda item pursuant to school board policy.

Public Comment

Remind your board members ahead of time to keep a straight face and don’t react.

Stick to your policy with reference to time allowed, topics allowed, etc.

This is not a time for your board engage in discussion with the public.

Story continues

A lady approaches the podium after properly signing up to speak. She states that she wants to discuss with the board how cheerleaders are chosen, because her daughter made it last year but not this year. And, she thinks it’s because the sponsor doesn’t like her daughter.

Let’s make some assumptions about this picture:

Someone is telling on this fish. Whoever wrote this in one the outside of the tank, and so is

your board. The fish can’t tell your board her side of the story, and this might

complicate things.

Let’s Talk about Bias

If the Open Meeting Act relates to how we conduct meetings, why is it BAD for the board members to know too much?

The heart of OMA & ORA is that the public be made aware of how public funds are spent and how business is conducted with it.

Educated Fool . . .

You should educate your board members about the parameters of what can and cannot be known.

Encourage them to bring issues to YOU for YOU to investigate or handle.

Remind them that rumors can get the board in trouble.

What if you know too much?

If your board member already knows too much . . .

Your best bet is to discuss recusal from certain discussion and action items.

This not only relates to personnel but also student matters.› Is your board member a parent?

Grandparent? The choice is up to your board

member.

AGENDA LANGUAGE

Which is better agenda language? Board to vote

yes or no on employment or demotion of support employees.

Possible board discussion and action to hire transportation staff for the 2013-2014 school year.

Agenda Language

Tip #1:› Agenda language should be clear

enough that the public knows exactly what you are discussing or deciding – while still giving enough leeway for your board to actually decide rather than just follow the agenda verbatim.

Agenda Language

Tip #2:› Remember that the board will want to

discuss some issues before taking any action.

Tip #3:› The board can always table an item they

aren’t ready to address. Tip #4:

› State clearly what you are trying to say without a lot of unnecessary jargon.

Example

Board vote to approve or not approve the hiring of a 5th grade teacher› This allows you to vote yes or no without

any discussion! Possible board discussion and vote to

approve or not approve the hiring of a 5th grade teacher› This allows you to discuss, vote yes or no

Agenda Language

Be very careful about following go-bys:› Friday, August 24, 2013

Wrong day and date!! Fatal error!› Board action on 2012-2013 employment

contracts It should be obvious this is an error. Board

could table the item for another meeting or realize this is an obvious error and ensure it’s correct in the minutes. Likely not fatal!

Agendas

If your district has a website, state law requires that agenda, time, date and place of each regularly scheduled meeting be posted there

Have two people check agenda for mistakes

Agendas

“Old business” is not an appropriate agenda item

“New Business” should be on every regular meeting agenda› Not known about at time agenda

posted

Story continues

The meeting is going rather smoothly now, and only a few items are left. Then, there’s a large thunder crash, and the power goes out. It can be seen that the cafeteria lights are on in the next building.

Reconvene versus Adjourn

Reconvening the meeting would allow the board to move locations in order to complete the meeting.› Move to recess and reconvene in 5

minutes in the cafeteria. Adjourning the meeting ends it! You’d

have to provide notice and start all over.

Minutes

Who takes the Minutes?› Minutes clerk › Can also be treasurer

Who cannot take the Minutes?› Superintendent› Board Members› Board Clerk

Minutes

Should accurately reflect what took place during the meeting

Minutes should reflect all motions made and seconded, the person making the motions, and the results of a vote. Motions that do not receive a second should not be included in the minutes.

Minutes need NOT include…

Details of discussion or opinion – Absolutely NOT

Seconders of motions Motions withdrawn

Whoops!

Simple ratification of previous unlawful actions not sufficient

Must reconsider and give due consideration

Disavowing statements

End of the Story

After reconvening in the cafeteria and covering remaining items, the board adjourns until next time. . .

Answers available

OSSBA attorneys available by phone or email during the week

Monday Night Legal1st & 2nd Mondays from 4:30 – 9 p.m.

Thank you!

Feel free to contact us:

OSSBA405-528-3571888-528-3571www.ossba.org