This past week I had the privilege or speaking a the OMCTFOA Conference covering several ethics topics. Among them, the Oklahoma Open Meeting Act mandates and the Public Competitive Bidding Act of 1974 bidding requirements. Below are details of the topics covered and the links included provide sample documents that may be useful for local government professionals. As always, be sure to run any changes to your practices by your local counsel.
Agenda Sample No Drop Downs – https://localgovlawok.com/wp-content/uploads/2024/10/Agenda-Sample-No-Drop-Downs.docx
Agenda with Drop Down and Fill in the Blank
Court of Civil Appeal Decision – “A guiding light”.
The Court of Civil Appeals have given guidance on what agendas should be comprised of. These details are:
Agendas cannot be “deceptively vague and ambiguous. It is likely to mislead the average reader and is a ‘willful violation’ of the Act which nullifies the action taken.” Haworth Bd. of Ed. of Independent School Dist. No. I-6, McCurtain County v. Havens, 637 P.2d 902, 1981 OK CIV APP 56 (Okla. Civ. App. 1981)
“We construe the statute to require agendas be worded in plain language, directly stating the purpose of the meeting, in order to give the public actual notice. The language used should be simple, direct and comprehensible to a person of ordinary education and intelligence.” Haworth Bd. of Ed. of Independent School Dist. No. I-6, McCurtain County v. Havens, 637 P.2d 902, 1981 OK CIV APP 56 (Okla. Civ. App. 1981)
Public Notice Requirements
- Annual Notice: “All public bodies shall give notice in writing by December 15 of each calendar year of the schedule showing the date, time and place of the regularly scheduled meetings of such public bodies for the following calendar year” (25 O.S. § 311(A)(1)).
- Notice to Officials: Different types of public bodies must notify specific officials:
- “State public bodies shall give such notice to the Secretary of State” (25 O.S. § 311(A)(2)).
- “County public bodies shall give such notice to the county clerk” (25 O.S. § 311(A)(3)).
- “Municipal public bodies shall give such notice to the municipal clerk” (25 O.S. § 311(A)(4)).
- “Multi-county, regional, areawide or district public bodies shall give such notice to the county clerk” (25 O.S. § 311(A)(5)).
- “Governing boards of state institutions of higher education shall give such notice to the Secretary of State” (25 O.S. § 311(A)(6)).
- Public Access to Notices: “The Secretary of State and each county clerk or municipal clerk shall keep a record of all notices received in a register open to the public for inspection during regular office hours” (25 O.S. § 311(A)(7)).
- Changes to Meetings: “If any change is to be made of the date, time or place of regularly scheduled meetings of public bodies, then notice in writing shall be given… not less than ten (10) days prior to the implementation of any such change” (25 O.S. § 311(A)(8)).
- Additional Notice Requirements: For regularly scheduled meetings, “all public bodies shall, at least twenty-four (24) hours prior to such meetings, display public notice of the meeting” by posting it at the principal office or on the public body’s website (25 O.S. § 311(A)(9)).
- Special and Emergency Meetings: “Special meetings of public bodies shall not be held without public notice being given at least forty-eight (48) hours prior to the meetings” (25 O.S. § 311(A)(12)). In emergencies, meetings can be held without the usual notice requirements (25 O.S. § 311(A)(13)).
- Notice Exclusion: Notice under the act excludes weekends and State Holidays.
These requirements ensure transparency and public participation in government meetings. For more detailed information, you can refer to the Oklahoma Open Meeting Act language below.
If you need assistance with understanding or complying with the Open Meeting Act, feel free to contact our office for professional legal advice and support.
Overview of Public Competitive Bidding Act of 1974 Requirements
- All public construction contracts exceeding One Hundred Thousand Dollars ($100,000.00) or construction management trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00) shall be let and awarded to the lowest responsible bidder. This must follow the formal competitive bidding process.
- Other construction contracts for the purpose of making any public improvements or constructing any public building or making repairs to the same for One Hundred Thousand Dollars ($100,000.00) or less shall be let and awarded to the lowest responsible bidder by receipt of written bids or awarded on the basis of competitive quotes to the lowest responsible qualified contractor.
- Construction contracts equal to or greater than Fifty Thousand Dollars ($50,000.00) but less than One Hundred Thousand Dollars ($100,000.00) shall be let and awarded to the lowest responsible bidder by receipt of written bids.
- Other construction contracts for less than Twenty-five Thousand Dollars ($25,000.00) may be negotiated with a qualified contractor.
Full Text of the Oklahoma Open Meeting Act
§ 301. Short Title
§ 302. Public Policy
§ 303. Times and Places – Advance Notice
§ 304. Definitions
§ 304. Definitions
§ 305. Recording of Votes
§ 306. Vote By Electronic or Telephonic Communications
§ 307. Executive Sessions
§ 307. Executive Sessions
§ 307.1. Videoconference Exceptions
§ 307.1. Videoconference Exceptions
§ 308. Meeting Between Governor and Majority Members of Public Body
§ 309. Legislature
§ 310. Legislative Committee Members Attending Executive Sessions
§ 311. Public Bodies – Notice
§ 311. Public Bodies – Notice
§ 311.1. Public Website
§ 312. Written Minutes
§ 313. Actions Taken in Willful Violation of Act
§ 314. Violations – Criminal Penalties – Civil Relief
Full Text of the Public Competitive Bidding Act of 1974
§ 103. Competitive Bidding Required
§ 103.2. Political Subdivision May Appoint Purchasing Agent
§ 103.4. School District Exclusion
§ 103.5. Right of Way Clearance Contracts Not Exceeding $100,000
§ 103.7. Contracts by the Oklahoma Department of Wildlife Conservation
§ 105. Contents of Bid Notices
§ 106. Bidding Documents to Be Available to the Public
§ 107. Requirements of Bids Exceeding Certain Amount
§ 108. Written Statement Under Oath to Accompany Bid
§ 111. Time for Awarding of Contract
§ 112. Bids, Contracts, Bonds Open for Public Inspection
§ 113. Execution of Contract – Bond – Insurance
§ 113.1. Partial Payment – Retainage
§ 113.2. Withdrawal of Retainage – Deposit of Securities
§ 115. Collusion Among Bidders
§ 116. Disclosure of Terms of Bids
§ 117. Award to Other Than Lowest Bidder
§ 118. Prequalification of Bidders
§ 119.1. Certain Contract to be Negotiated When No Bid is Received
§ 120. Assignment of Contracts
§ 121. Change Orders or Addenda
§ 122. Taxpayer Suits to Enjoin Execution of Unlawful Contracts
§ 123. Supervisor’s Certification to Accompany Invoices
§ 126. Construction on Force Account Basis
§ 127. Contracts Made by a Public Entity – Applicability
§ 128. Insurance Against Fire and the Elements
§ 134. Insurance or Bond to be Secured From Carrier Licensed in Oklahoma
§ 135. Public Agencies or Officers Not to Exert Influence in Procuring Particular Bond or Insurance
§ 136. Conflicts with Federal Rules and Regulations – Laws Governing
§ 137. Termination of Contracts on which No Work Has Been Performed
§ 138. Noncollusion Affidavit Attached to Bid Submitted to School District, County or Municipality
§ 139. Purchasing Provisions for School Districts and Local Public Procurement Units
