Open Meeting Update – Changes Effective November 1

August 24, 2017

There were two bills passed during the recently completed 2017 Legislative Session impacting the Open Meeting Act.  Both are effective November 1, 2017.  Please note discussion of a typo in the citation cited in SB 403. 

HB 2181 amends 25 O.S. Section 115 requiring municipal clerk and minute clerks of the school board to produce tentative minutes of regular and/or special meetings.  The minutes must be furnished “no later than the close of the business day” within “four (4) business” days, “excluding the day of the meeting,” after “the meeting.”  Business days shall mean “Monday through Friday and does not include Saturday, Sunday or holidays legally declared by the State of Oklahoma.”  Please note, current law allows five (5) days.  Effective 11/1/17

SB 403 amends 25 O.S. Section 311 by authorizing two methods for providing notice for all public bodies’regularly scheduled meetings.  The current option, according to Attorney General Opinion 1997 OK AG 98, requires the agenda be posted so the public can read it for 24 continuous hours prior to the meeting.  This has necessitated posting on the outside windows or in a marquee.  Under the new option the requirement is limited to “during normal business hours”.  However, the new alternative requires additional notice by the public body via the public body’s Internet website and by email.  Effective 11/1/17.  

Current Option:  Posting at the principle office or at the location of the meeting if no office exists. 

New Option:  On the public body’s Internet website in accordance with 74 O.S. Section 3102.  *

In addition, under this new option:

Note, this new option is also authorized for special meetings, provided that 48 hour notice is required for special meetings and that the 48 hour requirement shall exclude Saturdays, Sundays and holidays legally declared by the State of Oklahoma.

*Please Read:  There is a typo in the 74 O.S. Section 3102 citation.  It should be Section 3106.2 which is the current requirement for public bodies to place on their Internet website, a schedule and information about the regularly scheduled meetings of the public bodies or their governing bodies.  While this can be corrected during the upcoming 2018 Legislative Session, a decision will need to be made whether to utilize the new notice option once it goes into effect on November 1, 2017.  As always, to implement any changes, consult your municipal attorney.

Please Note: This summary is not a substitute for legal advice. You should consult your city or town attorney prior to taking any action based on this document.