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Excluding a member of a public body from Executive Session due to conflict

RR
Roger Rinehart
Mon, Feb 24, 2025 11:19 PM

We have a situation where the City Council wants to meet in Executive Session to discuss initiating a claim against a local 501C3 Foundation which owes funds to the City which 1) were improperly deposited into the 501C3 account without a vote of the City Council; and 2) other funds which were owed to the City by the Foundation by Contract.    One of our Council members is also on the board of the 501C3 entity so he/she would have a possible conflict.  Can the Council vote to go into Executive Session, but exclude the member who is also on the 501C3 Board?

Roger Rinehart

RINEHART LAW OFFICE
A Professional Corporation
115 S. Rock Island Avenue P.O. Box 669
El Reno, Oklahoma 73036
405-262-2360 (phone)
405-262-2395 (fax)

Roger@Rinehartlaw.netmailto:Roger@Rinehartlaw.net
www.Rinehartlaw.nethttp://www.rinehartlaw.net/

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Sending an e-mail to Rinehart Law Office or to any of our professionals does not create a lawyer-client relationship.

We have a situation where the City Council wants to meet in Executive Session to discuss initiating a claim against a local 501C3 Foundation which owes funds to the City which 1) were improperly deposited into the 501C3 account without a vote of the City Council; and 2) other funds which were owed to the City by the Foundation by Contract. One of our Council members is also on the board of the 501C3 entity so he/she would have a possible conflict. Can the Council vote to go into Executive Session, but exclude the member who is also on the 501C3 Board? Roger Rinehart RINEHART LAW OFFICE A Professional Corporation 115 S. Rock Island Avenue P.O. Box 669 El Reno, Oklahoma 73036 405-262-2360 (phone) 405-262-2395 (fax) Roger@Rinehartlaw.net<mailto:Roger@Rinehartlaw.net> www.Rinehartlaw.net<http://www.rinehartlaw.net/> THE INFORMATION IN THIS MESSAGE IS CONFIDENTIAL AND INTENDED FOR THE SOLE USE OF THE INTENDED RECIPIENT. THIS E-MAIL CONTAINS INFORMATION THAT IS PRIVILEGED ATTORNEY WORK PRODUCT AND MAY BE PROTECTED BY ATTORNEY-CLIENT AND OTHER PRIVILEGES. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE ADVISED THAT RETENTION, USE, DISSEMINATION, AND COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU RECEIVED THIS MESSAGE IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY ELECTRONIC MAIL OR TELEPHONE AT (405) 262-2360 AND DELETE THIS MESSAGE. Sending an e-mail to Rinehart Law Office or to any of our professionals does not create a lawyer-client relationship.