Residence Hall Association violates Oklahoma Open Meeting Act

Contributing Writer

Published: Monday, December 7, 2009

Updated: Tuesday, December 8, 2009 23:12

An OSU organization serving students living on campus violated a state law in connection with a meeting it held on Nov. 5, an examination found.

The examination, which included an inspection of the area around the meeting site and consultation with legal experts, found that the Residence Hall Association failed to post its agenda 24 continuous hours in advance, improperly posted items under "new business" and voted on three agenda items without specifying it would vote on those items.

Although RHA is a student-run organization not staffed by government employees or receiving tax money, RHA is subject to the act because it is a sub entity of the board of regents and has decision-making authority, the attorney general said in a 1979 opinion.

Although RHA officials didn't believe they violated the law, RHA adviser Gregg Stewart said changes might need to be made.

The Oklahoma Open Meeting Act requires that agendas be posted in public 24- hours before the meeting, according to the Oklahoma Open Meeting Act. RHA posted the agenda before the meeting outside its office, but, an inspection of the premises found, it was not a continuous 24 hours. The public could not access the agenda after 10 p.m.

"Displaying a notice in a location where it may only be viewed during business hours frustrates the main objective of the Act- facilitating an informed citizenry," Oklahoma Attorney General Drew Edmondson said in a 1997 opinion.

The law requires agendas be posted on the public body's Web site 24 hours before meetings and that information about the meeting be posted. RHA failed to post the agenda on its Web site before the meeting, one review found.

Ten agenda items were identified as "new business." Oklahoma law defines it as "any matter not known about or which could not have been reasonably foreseen prior to the time of posting."

At the meeting, RHA voted to give three groups money. The groups were listed on the agenda, but there was nothing that said RHA would vote on the items.

Kent Sloan, an RHA board member, said in an e-mail that students fees finance RHA, not taxes, so it doesn't have to follow the act.The act uses the words "public funds," not taxes.
The attorney general said in the opinion that RHA's funds are considered public funds, said Joey Senat, an associate professor and past president of Freedom of Information Oklahoma.

RHA Senate Chair Tate Steidley said RHA officers receive no training on the act.

The RHA adviser said OSU attorney Doug Price, told RHA last year that it did not have to follow the act. Price said in a phone interview that he doesn't remember speaking to RHA about it violating the act.

Violating the act can result in a misdemeanor and a fine up to $500 and up to one year in jail.

"Anyone can file a complaint with the police who would do an investigation and turn it over to the district attorney," Senate said.