Oklahoma’s Open Meeting Law long ago was created for a purpose. It is to keep the public aware and informed of what entities are doing and about to do in their meeting.
This goes for public bodies and those non-profit organizations when they receive any kind of public funding.
Too often it’s abused and it’s frustrating to see. It happens because either the organization or public body is not as knowledgeable as it should be about the Open Meeting Law, or it just isn’t interested enough to abide by it.
The penalties aren’t severe enough to concern those who just choose to ignore it. Many attorneys appear to be ignorant of the law to the extent that they provide wrong advice to those they represent.
One of the most common abuses of the law comes under the agenda item of “new business.” Under the law, “new business” is defined “as any matter not known about or which could not have been reasonably foreseen prior to the time of posting” the agenda for a regularly scheduled meeting.
There are some attorneys throughout this area who do a credible job of ensuring those public bodies or organizations they represent strictly adhere to the law, especially the new business provision on agendas.
There also are other lawyers who either liberally interpret that provision, or they completely lack an understanding of it. This can be unfair to those members of the governing body who are not aware such an item may be coming before them to decide because it’s not part of the posted agenda.
It’s also not fair to the public or other members of an organization who have no knowledge an item that might be of interest to them is to be considered during a meeting.
We can remember that several years ago former Pottawatomie and Lincoln County District Attorney Richard Smothermon was asked by Pottawatomie County Commissioners, during one of their weekly meetings, could they take up an item under new business.
Without hesitation, his response was “no.”
Then he adamantly explained they shouldn’t even have a new business item on their agenda, unless it was an emergency caused by an unforeseen disaster or something of that magnitude.
Past Oklahoma Attorney Generals from time to time have scheduled meetings on the Open Meeting and Open Records laws around the state that have been open to the public. This might be something our current Attorney General Genter Drummond might consider doing sometime this year or in the near future.
We’d encourage him to address the new business provision on agendas and other aspects of meetings and open records that might be appropriate topics.
The Open Meeting Act is in place for a reason and its primary purpose is to ensure the public, along with members of entire public bodies and organizations are informed and reasonably aware of what will take place at meetings of interest to them.