Temporary Provisions for teleconferencing and videoconferencing of public meetings have now expired.
On March 18th, 2020 Governor Stitt signed into law Senate Bill 661 which temporarily modified the Oklahoma Open Meeting Act to allow for teleconferencing as a method of holding public meetings that are subject to the Act. The modifications allowed under the law expired on November 15, 2020.
Teleconferencing and video conferencing are still allowed under the provisions of 25 O.S. §307.1 as it existed prior to the passage of SB661. That language states as follows:
A. A public body may hold meetings by videoconference where each member of the public body is visible and audible to each other and the public through a video monitor, subject to the following:
1. a. except as provided for in subparagraph b of this paragraph, no less than a quorum of the public body shall be present in person at the meeting site as posted on the meeting notice and agenda,
b. a virtual charter school approved and sponsored by the Statewide Virtual Charter School Board pursuant to the provisions of Section 3-145.3 of Title 70 of the Oklahoma Statutes shall maintain a quorum of members for the entire duration of the meeting whether using an in-person site, videoconference sites or any combination of such sites to achieve a quorum;
2. The meeting notice and agenda prepared in advance of the meeting, as required by law, shall indicate if the meeting will include videoconferencing locations and shall state:
a. the location, address, and telephone number of each available videoconference site, and
b. the identity of each member of the public body and the specific site from which each member of the body shall be physically present and participating in the meeting;
3. After the meeting notice and agenda are prepared and posted, as required by law, no member of the public body shall be allowed to participate in the meeting from any location other than the specific location posted on the agenda in advance of the meeting;
4. In order to allow the public the maximum opportunity to attend and observe each public official carrying out the duties of the public official, a member or members of a public body desiring to participate in a meeting by videoconference shall participate in the videoconference from a site and room located within the district or political subdivision from which they are elected, appointed, or are sworn to represent;
5. Each site and room where a member of the public body is present for a meeting by videoconference shall be open and accessible to the public, and the public shall be allowed into that site and room. Public bodies may provide additional videoconference sites as a convenience to the public, but additional sites shall not be used to exclude or discourage public attendance at any videoconference site;
6. The public shall be allowed to participate and speak, as allowed by rule or policy set by the public body, in a meeting at the videoconference site in the same manner and to the same extent as the public is allowed to participate or speak at the site of the meeting;
7. Any materials shared electronically between members of the public body, before or during the videoconference, shall also be immediately available to the public in the same form and manner as shared with members of the public body; and
8. All votes occurring during any meeting conducted using videoconferencing shall occur and be recorded by roll call vote.
B. No public body shall conduct an executive session by videoconference.
Remote attendance may be more practical through teleconferencing in most circumstances. But in each of these options, teleconference or videoconference, a majority of the members must be present at the posted location of the meeting site. If attendance is by video conferencing, then a provision for public attendance must be made at the remote video conferencing site, and under subsection 4 the location of the videoconferencing site may be more limited to meet those requirements.
Since a majority of the body must be present at the site, then if the audio disconnects due to a problem or issue, there is no requirement to suspend the meeting until the audio is restored. The meeting must be recorded by written or electronic means. All votes occurring during any meeting utilizing teleconference or videoconference shall occur and be recorded by roll call votes.
The requirement to post notice of meetings at the principal office or meeting location is back in place. The public body is required to make the notice of a public meeting available to the public in the principal office of the public body or at the location of the meeting during normal business hours at least twenty-four (24) hours prior to the meeting.
OML has shared that they have met with a number of policymakers and interest groups on this topic. From their communications, it is unlikely at this time that there will be a special session. OML has been negotiating a long-term remote meetings bill and if an agreement could be reached then it should sail through quickly once the legislature convenes in regular session in February. In the meantime, the pre-Senate bill 661 version of the Open Meetings Act should be observed in meetings of members of your governing bodies. OML is asking municipalities to submit their thoughts and ideas on what they want to see in the new Open Meeting/Open Records language. Contact information is below.