A commissioner of a state agency operating under the OMA cannot delegate his right to vote in a regularly scheduled meeting to another by use of a proxy. Any action taken in willful violation of the OMA is invalid. A decision by a proxy vote is invalid, as it is a willful violation.

Reaffirms 1981 OK AG 69 which says a single member cannot meet individually to confer with every other member for purpose of avoiding a public meeting.

Whether a meeting is subject to the OMA is a question of fact dependent on whether the public body/council is supported by public funds or possesses actual or de facto decision-making authority.

Before the Commission proceeds with legal action - the Commission should note 25 O.S. § 305 and Berry v. Bd. of Governors of Reg. Dentists, 611 P.2d 628, 632 (Okla. 1980).

If a public body concludes that it may have violated the provisions of the OMA in a willful manner, the public body must fully reconsider those matters acted upon in violation of the Act. Such reconsideration must be done in compliance with the OMA.

The reporting requirements imposed by 19 O.S. § 444 are in addition to the duties imposed under the OMA, specifically the requirement that public bodies keep minutes of the meetings of the public body.

The OMA applies to meetings of the officers of a nonprofit corporation operating public property under a contract with a city, where matters discussed or taken up concern the administration of the contract or the operation, improvement, or maintenance of the public property.

Decisions must be made in an open meeting subject to the OMA. Telephonic communications solely among members of the public body for the purpose of discussing agency business in connection with decision making on any action or vote is prohibited.

A school board may not appoint a new member during a regularly scheduled meeting in the absence of an appropriate entry on the agenda, unless the appointment of such new member falls within the definition of "new business" - which is defined in 25 O.S. § 311(9).

The OMA applies to business meetings of the board of a nonprofit corporation concerning contracted matters, when the corporation has contracted with a city for the operation, maintenance and improvements of a park and the city makes annual appropriations to the corporation as an operating fee.

The governing boards of state operated institutions of higher education may not hold executive sessions to hear evidence and discuss student disciplinary matters which may come before it.

Public trusts organized under 60 O.S. § 176 are public bodies and subject to the OMA. Cameras and tape records may not be barred from the meetings of trustees of such public trusts.

Under the OMA, a Board may not pass a resolution during a regularly scheduled meeting without an appropriate entry on the agenda, unless it falls within the definition of "new business" in 25 O.S. § 311(9). At a rescheduled meeting, only the matters on the original agenda may be heard.

A vote to demand resignation of an employee of a city must be taken in a public meeting with proper notice. A single member cannot meet individually with other members for purpose of avoiding the OMA. City charter cannot conflict with state statute.

Town boards, when conducting a special meeting, are limited to considering and acting upon those items on the posted agenda.