HomeMy WebLinkAbout2022-08-16 Handout at Meeting
MEMORANDUM
TO: CITY OF CENTERVILLE
FROM: KURT GLASER, CITY ATTORNEY
SUBJECT: OPEN MEETING LAW REVIEW
DATE: AUGUST 12, 2022
CC: MARK STATZ, CITY ADMINISTRATOR
What is a ÐMeetingÑ under Open Meeting Law?
A ÐmeetingÑ is where a quorum of a City Committee or the Council discuss, decide, or receives
information relating to the bodyÓs official business. ÐMeetingsÑ must be Open to the Public.
MEETINGS:
LEGAL
Physical gatherings and certain Zoom meetings with notice allowing public attendance
ILLEGAL
Group emails Î ÐReply AllÑ
ILLEGAL
Serial communications
o Phone / texts from one Member to the next, and to the next ILLEGAL
o ÐChainÑ emails and tax sent from one Member to the next , and to the next ILLEGAL
ILLEGAL
Secret meetings
o Send texts between Members during a meeting ILLEGAL
Why are these ÐMeetingsÑ ILLEGAL?
Lawful meetings require Notice to the Public (Time and Place)
Lawful meetings must be open to the public
Regular Meetings
o Per a schedule on file at City Hall
Closed or Special Meetings
o 3-days posted notice
o 1-day mailed notice to Members
o 3-days mailed / published notice to anyone requesting notice of special meetings
Written materials used by the body during a meeting must be available to the Public
Where people have gotten in Trouble with the Open Meeting Law:
o Never text another meeting Member during a meeting Î the public canÓt see your
texts.
o Watch out for the Ðmeeting after the meetingÑ or the Ðmeeting in the parking
lotÑ Î the public hasnÓt been invited.
o Forwarding an email from one Member to another Î once a quorum of the body
has seen that email, that is an OML violation.
What is NOT a ÐMeetingÑ under the Open Meeting Law?
Social gatherings È
City Training È
... where official business of your body is NOT discussed
Penalties
Violator to pay $300 fine per violation (City cannot pay this)
Violator Forfeits office after 3+ separate, intentional violations
City to pay reasonable costs, disbursements, and attorney fees
Best Practices:
Gatherings: Why take the risk?
If you think youÓll be gathering with other Members of your body, simply ask Staff to post notice
of a potential public meeting. In the past we have posted meeting notices for park and skate
events, funerals - we once posted a meeting notice to hang out in Tom LeeÓs garage.
Emails: Let Staff do the emailing!
The City Administrator, Staff and Attorney can communicate with your entire body outside of a
meeting. If it is necessary to send information outside of a meeting, ask Staff to help by sending
and receiving emails with the entire body.
Always use your City email for City business - avoid using your personal email or texting
devices.
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