Lincoln County commissioners took a step several years ago to allow discussion and interaction with the public on most any agenda item.
During a special meeting, they voted 2-1 to establish a policy where the public can interact with them on any issue on the agenda with a couple of exceptions.
One is commissioners cannot discuss anything regarding an executive session item. They also are prevented from responding to the public during citizens’ comments.
There is nothing in the Open Meeting Act that requires the commissioners to allow public discussion or participation in their meetings. The Act does require them to provide public notice of their meetings and post the agenda spelling out what will be included in the meetings.
What prompted this action was some of the public attending commissioners’ meetings were interrupting and becoming involved in their discussions.
Assistant District Attorney Randall Wiley at that time had told commissioners the citizens becoming involved in the discussion were out of place. On occasion, when necessary, he tried to explain to those who were talking.
He had gone so far as to even warn commissioners that if they didn’t stop, the meeting was going to be in violation of the Open Meeting Act.
But Wiley also offered a solution. He advised the commissioners he could draft a policy for their consideration that permitted interactive discussion between commissioners and citizens on all agenda items with the exception of executive sessions and citizens comments.
As he presented the policy at that time to commissioners, he reminded them, “I don’t want you discussing what was talked about in executive session after you come out.”
And while there can be a Citizens Comments item on the agenda, they cannot discuss anything that is not on the agenda, they were further advised.
Former District 1 Commissioner Carl Munson was the lone dissenter of the three commissioners. He actually seconded the motion, though, indicating he was doing it so they vote on the policy item.
He told them, “I think you’re opening up a can of worms.” He thought they should be discussing issues with constituents prior to the meeting.
The policy Wiley presented at that time states, “To ensure compliance with the Oklahoma Meetings Act.”
All the various public entities that come under the Open Meeting Act may not want to adopt this policy. Nothing in the law requires them to even consider such a policy.
But from what we’ve observed as we’ve listened to many, many commission meetings since that time, it seems to have worked well.
Two of the three Lincoln County commissioners at that time believed it was the right thing for them to do and they followed the recommendation of their legal counsel.
That allows this entity to achieve what it wants, doing so legally, and that is the way it should be.
We encourage other public entities around not only this county but other counties around Oklahoma to give strong consideration to establishing this policy for their meetings.