Court rules Norman violated FOIA when approving budget

Legal Compliance

The city of Norman violated the state’s Open Meeting Act when it approved a budget that cut the police budget by $865,000, the Oklahoma Supreme Court ruled Tuesday.

The court upheld a circuit judge’s December ruling that a required notice for the June 16 meeting was worded deceptively. The notice said the council would consider adopting the city’s proposed operating and capital budgets, but it did not say an amendment to slash the police budget by 3.6% would be discussed.

“We find that the language used in the agenda was deceptively vague and likely to mislead regarding the meeting and therefore was a willful violation of the (Open Meetings) Act,” according to the opinion by Chief Justice Richard Darby.

The ruling also found that the city’s budget is invalid.

“We are reviewing it and will comply with the Supreme Court ruling,” city spokesperson Annahlyse Meyer said.

The cut came in the midst of calls to “defund the police” after the May death of George Floyd in Minneapolis. The money was to be used for community outreach programs.

“These budget amendments reflect an intentional effort to tackle systemic racism in our community and to be proactive as opposed to reactive in meeting the social service needs of our residents,” Mayor Breea Clark said at the time.

The vote to cut the police budget also led to a failed petition effort to recall Clark and four members of the eight-person City Council.

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Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.