HomeMy WebLinkAbout030424 email = TF - OPMAALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them.
Greg,
To be clear – it was not my intention to blindside you regarding OPMA considerations in my public comments this morning. After our conversation on Friday, I thought some more about the
Task Force, its role, and its reporting structure.
Eventually, the issue of possible OPMA compliance came to me late yesterday, when I reviewed the county’s policy:
“OPMA Guidelines for Jefferson County Boards, Commissions, and Committees (Res. 50-22)”
II. JEFFERSON COUNTY BOARDS, COMMISSIONS AND COMMITTEES THAT ARE SUBJECT TOTHEOPENPUBLIC MEETINGS ACT
Most, if not all, meetings of Jefferson County Boards, Commissions and Committees are
subject to OPMA. Any Board, Commission or Committee whose by-laws o rother operating
procedures require compliance with OPMA, must comply with OPMA. In addition, any Board,
Commission or Committee that makes recommendation that must be considered by the Board
of County Commissioners or the Board of Health is subject to OPMA. The following is a nonexclusive
list of Jefferson County organizations subject to OPMA:
…
My caution about OPMA is solely about the “must be considered by BoCC” clause.
Even if the TF reports to the Steering Committee, and directly not to the county, if the BoCC takes the position that it cannot act until a recommendation is received from the TF, then
application of the county’s policy would mean that the TF would be subject to the OPMA.
Conversely, if the TF’s work product is solely advisory, and the county makes it clear that input from the TF is not a requirement for the county to proceed with any activity, then OPMA
would not apply. That is, TF meetings can be open to the public while not being subject to OPMA compliance.
Sorry for the late notice, but please consider this during your conversation about the TF this afternoon.
Thank you,
Tom Thiersch