The Norman Transcript

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November 3, 2009

Alleged Open Meeting violation investigation still ongoing

By Andrew Knittle

An investigation requested by Cleveland County District Attorney Greg Mashburn to determine whether the Norman City Council violated the state's Open Meeting Act during a June 9 executive session is still ongoing, a spokesman with the Oklahoma State Bureau of Investigation said Monday.

Bob Horn, the OSBI agent in charge of the investigation, said he assigned the case to another investigator but that she has "been swamped" lately and hasn't gotten to it. He said the case is not closed and is ongoing.

Mashburn said he requested the investigation months ago after Councilman Tom Kovach alleged the Open Meeting violation, which Kovach said occurred June 9 during a city council executive session.

Kovach alleged the city council was in violation of the state law when it began talking about financing for right-of-way property associated with the Rock Creek Road overpass project, saying the item wasn't on the list of items permitted to discuss while in executive session.

An additional Open Meeting violation -- from the same meeting -- also is discussed by City Attorney Jeff Bryant in city documents obtained by the Transcript. According to the documents, Councilman Alan Atkins, Ward 1, reported that he may have been in violation of the Open Meeting Act because he hadn't been officially sworn in during the June 9 executive session.

According to the City of Norman's Web site, Atkins was sworn in July 7, nearly a month after he attended the executive session where the alleged violation occurred.

Mashburn said he requested the investigation because it's standard procedure to do so, adding that an Open Meeting Act violation is a criminal matter.

'The safest thing to do for all parties involved is to have this thing investigated," Mashburn said. "It's a routine deal to ask them (OSBI) to come in and look at it when you have allegations like this."

Bryant told the Transcript in July he was contacted by an OSBI investigator July 17. He said she requested "documentation concerning the matter," which was provided to her.

Documents obtained by the Transcript show Bryant doesn't believe the council is guilty of either alleged violation.

"As discussed herein, it is the opinion of this office that the City of Norman was compliant with the spirit and intent of the Oklahoma Open Meeting Act when conducting its Executive Session on June 9, 2009," Bryant states in a memo regarding the alleged violation concerning the real property and funding issue.

On whether the council was in violation of the act for allowing Atkins to be present during the June 9 executive session, Bryant states in a memo that Atkins' "presence during the Executive Session did not constitute a violation of the Open Meeting Act."

He states in the documents that Atkins may not have been officially sworn in, but that he was there as an elected official -- not a private citizen. Bryant also noted Atkins wouldn't benefit financially by attending the executive session.

Andrew Knittle 366-3540 aknittle@normantranscript.com

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