DISCUSSIONS NOT SUBJECT TO MEETING NOTICE REQUIREMENTS

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May 13, 2019


Request:  Did the City of Napoleon violate the open meetings law by failing to post notice of meetings?

Conclusion:  During a regular meeting of the Napoleon city council, the police chief questioned the need for a municipal court. After the meeting, the Mayor and two other council members met with the chief of police and municipal  judge to try to fix the problem. The Mayor and two city council members also met with the Logan County Commissioners to discuss the issue. The next time the issue was discussed by the Napoleon City Council, the mayor provided information in response to a query about his attendance at the Logan county commission meeting. No decisions were made at the Napoleon City Council or County Commission meetings during the time at issue. The Napoleon city council is composed of six council members and a Mayor. The mayor and two council members do not constitute a quorum. As they met with various other individuals without the full Napoleon City Council’s approval or knowledge, no committee was formed. Therefore, the city of Napoleon did not violate the law because the discussions by the mayor and two council members were not subject to open meetings requirements.

Opinion 2019-O-08

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