NORMAN — After reviewing a report prepared by the Oklahoma State Bureau of Investigation, Payne County District Attorney Robert Hudson has found that several members of the Norman City Council will not face criminal charges stemming from an executive session held in June 2009.
Hudson sent a letter dated July 8 to Attorney General Drew Edmondson outlining his reasons for not prosecuting the case, including his belief that council members didn’t “willfully” violate the state’s Open Meeting laws.
The OSBI had been investigating whether council members were in violation of state Open Meeting laws when they began talking about financing for right-of-way property associated with the Rock Creek Road overpass project during a June 9, 2009, executive session.
The item wasn’t specifically listed on city documents outlining the session.
Hudson found that agenda language informed the public of what would be discussed during the executive session and that talking about funding sources “is a natural and normal aspect of purchasing real property.”
Hudson further stated that council members, if charged, would likely use a defense that centers around the fact that City Attorney Jeff Bryant took part in the executive session and, therefore, should have informed the council that what they were doing was potentially illegal.
Bryant didn’t attend Tuesday’s council meeting.
Councilman Tom Kovach, Ward 2, was the one who brought the possible violation to authorities for investigation. Even so, he said was “glad the investigation is over and that it found no ‘willful intent’ to violate the Open Meetings Act.”
“I never believed there was a criminal violation on the part of city council members, but rather that the city attorney (Jeff Bryant) made an error,” Kovach said Tuesday night. “The investigation report does say that the council relied on the city attorney and that would cause them to be held harmless and that minor violations were not considered.”
Mayor Cindy Rosenthal, who didn’t attend Tuesday’s council meeting, issued a statement through the city, saying that council works hard to stay in compliance with Open Meeting laws.
“It is a relief to get this report, as the allegations have impugned the integrity of members of City Council and subjected them to undue criticism for their public service,” Rosenthal said in the statement. “Unfortunately, precious public resources were used to investigate a groundless claim, but our citizens should be reassured that the city council has been and remains committed to openness and transparency in its conduct of the public’s business.”
Rosenthal also said the allegation that council violated Open Meeting laws “was baseless and totally unsupported by the facts.”
Kovach, who was personally attacked by Councilman Doug Cubberley for his comments about the University North Park TIF during Tuesday’s meeting, said he felt what he did was the right thing and that his “highest obligation is to the people.”
“I believe it was my duty to follow the city’s ethics policy,” he said. “The city attorney, who wrote the opinion stating there was no violation, was in the meeting and had a conflict of interest in writing it … so I do not believed that his legal opinion discharged my obligation to report to someone.”
Andrew Knittle 366-3540 aknittle@normantranscript.com
