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MEETINGS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTINUED OR RECONVENED MEETING. A meeting which is assembled for the purpose of finishing business appearing on an agenda of a previous meeting. Only matters on the agenda of the previous meeting at which the announcement of the continuance is made may be discussed at a CONTINUED OR RECONVENED MEETING.
EMERGENCY MEETING. Any meeting called for the purpose of dealing with an emergency. An EMERGENCY is defined as a situation involving injury to persons or injury and damage to public or personal property or immediate financial loss when the time requirements for public notice of a special meeting would make such procedure impractical and increase the likelihood of injury or damage or immediate financial loss.
MEETING. The conducting of business of the town’s Board of Trustees by a majority of Trustees meeting personally together.
REGULARLY SCHEDULED MEETING. A meeting at which the regular business of the public body is conducted.
SPECIAL MEETING. Any meeting of the town’s Board of Trustees other than a regularly scheduled meeting or an emergency meeting.
(Prior Code, § 1-6-4)
Regular meetings of the Board of Trustees shall be held on the second Monday of every month at 6:30 p.m. at the Bernice Community Center. If such a day falls on a town holiday, the regular meeting shall be held at the same time on the following Tuesday, if not a holiday.
(Prior Code, § 1-6-4)
(A) Meetings to be open. In accordance with 25 O.S. §§ 301 to 314, as amended, all meetings of the town’s Board of Trustees shall be held at specified times and places which are convenient to the public and shall be open to the public, except as hereinafter specifically provided.
(B) Notice of meetings. All meetings shall be preceded by advance public notice specifying the time and place of each such meeting to be convened as well as the subject matter or matters to be considered at such meeting.
(C) Application of provisions.
(1) Open public meeting requirements in this section shall apply to any subordinate entities sponsored into existence by the Board of Trustees including the town’s Public Works Authority, any other public trust authorities established in the future, commissions, bureaus, boards, agencies, trusteeships, councils, committees, task forces or study groups.
(2) A subordinate entity, such as those specified in division (C)(1) above, which has no decision making authority is not subject to the Open Meeting Law, 25 O.S. §§ 301 to 314. Open meeting requirements do not apply to meetings held by the administrative staff of the town when staffs are not meeting with the Board of Trustees.
(Prior Code, § 1-6-4)
(A) Videotapes and audiotapes. Any person attending a public meeting may record the proceedings of said meeting by videotape, audiotape or by any other method; provided, however, such recording shall not interfere with the conduct of the meeting.
(B) Specific prohibitions.
(1) A member of the Board of Trustees may not lawfully meet separately with other Trustees to obtain signatures of a majority to take action that would otherwise require a consideration and vote at an open meeting.
(2) Informal gatherings among a majority of the Trustees to decide on a cause of action or to vote on any matter are prohibited.
(3) No informal gatherings or any electronic or telephonic communications, except teleconferences as authorized by 25 O.S. § 307.1, among a majority of the members of a public body shall be used to decide any action or to take any vote on any matter.
(C) Public votes. In all meetings of the Board of Trustees, the vote of each Trustee must be publicly cast and recorded.
(Prior Code, § 1-6-4)
(A) Sessions limited; public votes. The town’s Board of Trustees shall not hold executive sessions unless specifically provided for herein.
(1) Executive sessions can be held for the purpose of discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employer; provided, however, that, any vote or action thereon must be taken in public meeting with the vote of each Trustee publicly cast and recorded.
(2) Executive sessions may be held for confidential communications between the town’s Board of Trustees and its attorney, but only if communications concern a pending investigation, claim or action, and disclosure of the matters discussed would seriously impair the ability of the board to process the claim or conduct a pending investigation, litigation or proceeding in the public interest. The Board of Trustees, with the advice of its attorney, would determine whether it would be proper to hold executive sessions for these reasons. However, any vote or action taken as a result of an executive session must be in a public meeting with the vote of each Trustee publicly cast and recorded.
(3) No executive session shall occur, except on a vote by a majority of a quorum of the Trustees present, and the vote is a recorded vote.
(B) Included on agenda.
(1) All agendas required pursuant to the provisions of this section shall identify all items of business to be transacted by the Board of Trustees at a meeting, including, but not limited to, any proposed executive session for the purpose of engaging in deliberations or rendering a final or intermediate decision in an individual proceeding prescribed by the Administrative Procedures Act.
(2) If the Board of Trustees proposes to conduct an executive session, the agenda shall:
(a) Contain sufficient information for the public to ascertain that an executive session will be proposed;
(b) Identify the items of business and purpose of the executive session; and
(c) State specifically the provisions of 25 O.S. § 307 authorizing the executive session.
(3) The Board of Trustees may go into executive session with its Attorney to discuss ongoing litigation under the new business provisions of 25 O.S. § 311(9); provided, the matters to be discussed could not have been known about or reasonably foreseen prior to the time of posting the agenda.
(Prior Code, § 1-6-4)
Statutory reference:
Administrative Procedures Act, see 75 O.S. §§ 250 et seq.
Related provisions, see 25 O.S. § 311(A)(10)
All regularly scheduled, continued or reconvened, special or emergency meetings of the Board of Trustees shall be preceded by public notice as follows.
(A) The Board of Trustees shall give notice in writing by December 15 of each calendar year of the schedule showing the date, time and place of the regularly scheduled meetings of the Board of Trustees for the following calendar year. This provision, as well as all other provisions of this section, apply to the town’s Public Works Authority’s Board of Trustees, as well as the town’s Board of Trustees.
(B) Both Boards of Trustees specified in division (A) above shall give such notice to the town’s Clerk-Treasurer.
(C) The town’s Clerk-Treasurer shall keep a record of all notices received in a register open to the public for inspection during regular office hours and, in addition, shall make known, upon any request of any person, the contents of said register.
(D) If any change is to be made of the date, time or place of regularly scheduled meetings of public bodies, then notice in writing shall be given to the town’s Clerk-Treasurer not less than ten days prior to the implementation of any change.
(E) In addition to the advance public notice in writing required to be filed for a regularly scheduled meeting, the Board of Trustees shall, at least 24 hours prior to such meeting, display public notice of said meeting, setting forth thereon the date, time, place and agenda for said meeting. Such 24 hours’ prior public posting shall exclude Saturdays and Sundays and holidays legally declared by the state. The posting of an agenda shall not preclude the Board of Trustees from considering at its regularly scheduled meeting any new business. Such public notice shall be posted in prominent public view at the principal office of the Board of Trustees or at the location of the meeting in the event no office exists. NEW BUSINESS, as used herein, shall mean any matter not known about or which could not have been reasonably foreseen prior to the time of posting.
(F) In the event any meeting is to be continued or reconvened, public notice of such action, including date, time and place of the continued meeting, shall be given by announcement at the original meeting. Only matters appearing on the agenda of the meeting which is continued may be discussed at the continued or reconvened meeting.
(G) Special meetings of the Board of Trustees shall not be held without public notice being given at least 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 town’s Clerk-Treasurer by the Board of Trustees. The Board of Trustees 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 Board of Trustees with the town’s Clerk-Treasurer. Such written notice shall be mailed or delivered at least 48 hours prior to the special meeting. In addition, the Board of Trustees shall, at least 24 hours prior to such special meeting, display public notice of said meeting, setting forth the date, time, place and agenda for the meeting. Only matters appearing on the posted agenda may be considered at said special meeting. Such public notice shall be posted in prominent public view at the principal office of the Board of Trustees or at the location of the meeting if no office exists. Twenty four hours’ prior public posting shall exclude Saturdays and Sundays and holidays legally declared by the state.
(H) In the event of an emergency, an emergency meeting of the Board of Trustees may be held without the public notice heretofore required. Should an emergency meeting of the Board of Trustees be necessary, the person calling such meeting shall give so much advance public notice as is reasonable and possible under the circumstances existing, in person or by telephone or electronic means.
(I) Agendas for meetings must be worded in plain language, directly stating the purpose of the meeting, in order to give the public accurate notice. The language used should be simple, direct and comprehensive to a person of ordinary education and intelligence.
(Prior Code, § 1-6-4)
(A) The town’s Clerk-Treasurer shall keep written minutes which shall be an official summary of the proceedings of the Board showing clearly those trustees present and absent, all matters considered by the Board of Trustees, and all actions taken by the Board of Trustees. The minutes of each meeting shall be open to public inspection and shall reflect the manner and time of notice required by this section.
(B) In the written minutes of an emergency meeting, the nature of the emergency and the proceedings occurring at such meeting, including reasons for declaring such emergency meeting, shall be included.
(Prior Code, § 1-6-4)
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