Empathy List Archives

DC

Drew Cunningham

Tue, Apr 1, 2025 9:41 PM

I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session?

[cid:image001.png@01DBA324.E65EBC40]
Drew Cunningham
Cunningham Law Office
Phone 580-327-0080 Fax 580-327-1918
Web www.cunninghamlaw.us http://www.cunninghamlaw.us
Email dpcunninghamlaw@outlook.com mailto:dpcunninghamlaw@outlook.com
409 College Ave., P.O. Box 433
Alva, Oklahoma 73717

CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.

I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session? [cid:image001.png@01DBA324.E65EBC40] Drew Cunningham Cunningham Law Office Phone 580-327-0080 Fax 580-327-1918 Web www.cunninghamlaw.us<http://www.cunninghamlaw.us> Email dpcunninghamlaw@outlook.com<mailto:dpcunninghamlaw@outlook.com> 409 College Ave., P.O. Box 433 Alva, Oklahoma 73717 CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.

KS

Kimberlee Spady

Tue, Apr 1, 2025 10:27 PM

The attached form is from the form OML Handbook for municipal trustees. I try to remember to have the trustees review and sign this before every executive session. It might help with your situation.

Kim

[cid:image002.png@01DBA32B.5C7DA160]
Kimberlee Spady
Lawyer

Telephone: 405.542.6056 Email: kim@spadylaw.com mailto:kim@spadylaw.com

114 E. Main Street - PO Box 433 - Hinton - Oklahoma - 73047

From: Drew Cunningham via Oama oama@lists.imla.org
Sent: Tuesday, April 1, 2025 4:42 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Executive Sessions

I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session?

[cid:image004.png@01DBA32B.5C7DA160]
Drew Cunningham
Cunningham Law Office
Phone 580-327-0080 Fax 580-327-1918
Web www.cunninghamlaw.us http://www.cunninghamlaw.us
Email dpcunninghamlaw@outlook.com mailto:dpcunninghamlaw@outlook.com
409 College Ave., P.O. Box 433
Alva, Oklahoma 73717

CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.

The attached form is from the form OML Handbook for municipal trustees. I try to remember to have the trustees review and sign this before every executive session. It might help with your situation. Kim [cid:image002.png@01DBA32B.5C7DA160] Kimberlee Spady Lawyer Telephone: 405.542.6056 Email: kim@spadylaw.com<mailto:kim@spadylaw.com> 114 E. Main Street - PO Box 433 - Hinton - Oklahoma - 73047 From: Drew Cunningham via Oama <oama@lists.imla.org> Sent: Tuesday, April 1, 2025 4:42 PM To: OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Executive Sessions I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session? [cid:image004.png@01DBA32B.5C7DA160] Drew Cunningham Cunningham Law Office Phone 580-327-0080 Fax 580-327-1918 Web www.cunninghamlaw.us<http://www.cunninghamlaw.us> Email dpcunninghamlaw@outlook.com<mailto:dpcunninghamlaw@outlook.com> 409 College Ave., P.O. Box 433 Alva, Oklahoma 73717 CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.

JH

John Hammons

Wed, Apr 2, 2025 3:08 PM

I’ve always taken the position that disclosing confidential communications received within executive session to persons not authorized to possess it constitutes official misconduct under 51 OS 93 and subjects the offending officials to removal from office.

John Tyler Hammons
Hammons Hamby & Price, PLLC
(918) 683-0309

Sent from my iPhone

From: Kimberlee Spady via Oama oama@lists.imla.org
Sent: Tuesday, April 1, 2025 5:27:43 PM
To: Drew Cunningham dpcunninghamlaw@outlook.com; OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Re: Executive Sessions

The attached form is from the form OML Handbook for municipal trustees. I try to remember to have the trustees review and sign this before every executive session. It might help with your situation.

Kim

[cid:image002.png@01DBA32B.5C7DA160]

Kimberlee Spady

Lawyer

Telephone: 405.542.6056 Email: kim@spadylaw.com mailto:kim@spadylaw.com

114 E. Main Street – PO Box 433 – Hinton – Oklahoma – 73047

From: Drew Cunningham via Oama oama@lists.imla.org
Sent: Tuesday, April 1, 2025 4:42 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Executive Sessions

I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session?

[cid:image004.png@01DBA32B.5C7DA160]

Drew Cunningham

Cunningham Law Office

Phone 580-327-0080 Fax 580-327-1918

Web www.cunninghamlaw.us http://www.cunninghamlaw.us

Email dpcunninghamlaw@outlook.com mailto:dpcunninghamlaw@outlook.com

409 College Ave., P.O. Box 433

Alva, Oklahoma 73717

CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.

I’ve always taken the position that disclosing confidential communications received within executive session to persons not authorized to possess it constitutes official misconduct under 51 OS 93 and subjects the offending officials to removal from office. John Tyler Hammons Hammons Hamby & Price, PLLC (918) 683-0309 Sent from my iPhone ________________________________ From: Kimberlee Spady via Oama <oama@lists.imla.org> Sent: Tuesday, April 1, 2025 5:27:43 PM To: Drew Cunningham <dpcunninghamlaw@outlook.com>; OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Re: Executive Sessions The attached form is from the form OML Handbook for municipal trustees. I try to remember to have the trustees review and sign this before every executive session. It might help with your situation. Kim [cid:image002.png@01DBA32B.5C7DA160] Kimberlee Spady Lawyer Telephone: 405.542.6056 Email: kim@spadylaw.com<mailto:kim@spadylaw.com> 114 E. Main Street – PO Box 433 – Hinton – Oklahoma – 73047 From: Drew Cunningham via Oama <oama@lists.imla.org> Sent: Tuesday, April 1, 2025 4:42 PM To: OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Executive Sessions I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session? [cid:image004.png@01DBA32B.5C7DA160] Drew Cunningham Cunningham Law Office Phone 580-327-0080 Fax 580-327-1918 Web www.cunninghamlaw.us<http://www.cunninghamlaw.us> Email dpcunninghamlaw@outlook.com<mailto:dpcunninghamlaw@outlook.com> 409 College Ave., P.O. Box 433 Alva, Oklahoma 73717 CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.

SP

Suzanne Paulson

Wed, Apr 2, 2025 3:53 PM

David Weatherford uses this form in all his executive sessions.

Suzanne D. Paulson
Executive Director
spaulson@omag.org mailto:spaulson@omag.org

[OMAG-Logo]
3650 S. Boulevard
Edmond, OK 73013
Phone: 405.657.1444
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/

Follow us on:
[cid:image005.png@01DBA3BD.36F51760]https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream [cid:image006.png@01DBA3BD.36F51760] https://twitter.com/omag1977 [cid:image007.png@01DBA3BD.36F51760] http://www.linkedin.com/company/oklahoma-municipal-assurance-group

From: Kimberlee Spady via Oama oama@lists.imla.org
Sent: Tuesday, April 1, 2025 5:28 PM
To: Drew Cunningham dpcunninghamlaw@outlook.com; OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Re: Executive Sessions

The attached form is from the form OML Handbook for municipal trustees. I try to remember to have the trustees review and sign this before every executive session. It might help with your situation.

Kim

[cid:image008.png@01DBA3BD.36F51760]
Kimberlee Spady
Lawyer

Telephone: 405.542.6056 Email: kim@spadylaw.com mailto:kim@spadylaw.com

114 E. Main Street - PO Box 433 - Hinton - Oklahoma - 73047

From: Drew Cunningham via Oama <oama@lists.imla.org mailto:oama@lists.imla.org>
Sent: Tuesday, April 1, 2025 4:42 PM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] Executive Sessions

I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session?

[cid:image010.png@01DBA3BD.36F51760]
Drew Cunningham
Cunningham Law Office
Phone 580-327-0080 Fax 580-327-1918
Web www.cunninghamlaw.us http://www.cunninghamlaw.us/
Email dpcunninghamlaw@outlook.com mailto:dpcunninghamlaw@outlook.com
409 College Ave., P.O. Box 433
Alva, Oklahoma 73717

CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.

David Weatherford uses this form in all his executive sessions. Suzanne D. Paulson Executive Director spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [cid:image005.png@01DBA3BD.36F51760]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [cid:image006.png@01DBA3BD.36F51760] <https://twitter.com/omag1977> [cid:image007.png@01DBA3BD.36F51760] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Kimberlee Spady via Oama <oama@lists.imla.org> Sent: Tuesday, April 1, 2025 5:28 PM To: Drew Cunningham <dpcunninghamlaw@outlook.com>; OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Re: Executive Sessions The attached form is from the form OML Handbook for municipal trustees. I try to remember to have the trustees review and sign this before every executive session. It might help with your situation. Kim [cid:image008.png@01DBA3BD.36F51760] Kimberlee Spady Lawyer Telephone: 405.542.6056 Email: kim@spadylaw.com<mailto:kim@spadylaw.com> 114 E. Main Street - PO Box 433 - Hinton - Oklahoma - 73047 From: Drew Cunningham via Oama <oama@lists.imla.org<mailto:oama@lists.imla.org>> Sent: Tuesday, April 1, 2025 4:42 PM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Executive Sessions I have a city that has some pending litigation that they would like to discuss in executive session. The issue the mayor is concerned with is that he is worried certain council members will discuss with people outside of the executive session, what was discussed during the session. In researching I have not found anything stating that members are not allowed to do that. From what I found, penalties in regard to executive session are more about whether the council properly entered executive session. Has this been an issue for anyone else, and if so what have you done to ensure that members are not out speaking to the public about discussions had in executive session? [cid:image010.png@01DBA3BD.36F51760] Drew Cunningham Cunningham Law Office Phone 580-327-0080 Fax 580-327-1918 Web www.cunninghamlaw.us<http://www.cunninghamlaw.us/> Email dpcunninghamlaw@outlook.com<mailto:dpcunninghamlaw@outlook.com> 409 College Ave., P.O. Box 433 Alva, Oklahoma 73717 CONFIDENTIALITY NOTICE:THIS E-MAIL IS MEANT ONLY FOR THE INTENDED RECIPIENT AND IS A CONFIDENTIAL COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVE THIS E-MAIL IN ERROR ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS E-MAIL IS PROHIBITED. PLEASE NOTIFY THE SENDER IMMEDIATELY BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. PLEASE BE ADVISED THAT IF YOU ARE AN EMPLOYEE RECEIVING THIS E-MAIL AT YOUR EMPLOYER'S ADDRESS YOU MAY BE WAIVING THE ATTORNEY-CLIENT PRIVILEGE AND THIS COMMUNICATION MAY NOT BE PROTECTED AS CONFIDENTIAL.