UPDATE: Governor Stitt has declared an end to the state of emergency in Oklahoma. The option for virtual meetings and all other exemptions will end June 2, 2021 for organizations that are subject to the Open Meetings Act.
The Open Meetings Act in the state of Oklahoma requires that all public bodies notify the public of the details of meeting time, location, and agenda. Over the past year, the pandemic resulted in temporary changes to the law. The initial amendments expired in November 2020, but a new bill passed in February 2021 with exemptions that will be in effect until January 31, 2022 or 30 days after the governor declares there is no longer a state of emergency.
The new bill is primarily a reinstatement of the exemptions passed last year, but with some notable changes, including:
While the state legislature has allowed for some changes to accommodate organizations during the pandemic, including the option of meeting via video conference, organizations who are included in the Open Meetings Act must still comply with the remainder of the requirements of the Act.
One important requirement still in effect is the requirement to notify the public and the Secretary of State’s office in advance of changes to regular meetings and special meetings. This includes changing location due to social distancing requirements or changing the location to a virtual platform. For regular meetings, notice of change must be given 10 days in advance, and for special meetings it must be 48 hours in advance. Forms to give notice for changes to meeting date, time, or location can be found on the Secretary of State’s website. Not complying with this aspect of the law opens your nonprofit to legal risks, even if the meeting changes are due to the pandemic.
Keep in mind the processing time for paperwork in the Secretary of State’s office. COVID has impacted staffing and the volume of meeting changes being processed by the Secretary of State’s office, which could lead to longer than average response time to your request for change of meeting. We recommend any changes to your regular meetings be made 14 days in advance rather than the typical 10 days, and we also recommend allowing extra time for changes to any special meetings. If you have a change of meeting location that must happen less than 10 days prior to the meeting, it is possible to change the regular meeting to a special meeting that only requires notice 48 hours in advance. However, the process of changing it from a regular meeting to a special meeting may still take some time, so plan ahead for that as well whenever possible.
