Student Congress allegedly neglects Open Meeting Act
Published: September 23, 2010
Editor’s note: At press time, the Student Congress website was being updated with current and past agendas, after being questioned by Daily reporters.
Members of the UOSA Undergraduate Student Congress have allegedly neglected to follow Oklahoma state statues and the Oklahoma Open Meeting Act this year as a public body.
Failing to update its website and post meeting agendas and minutes online since 2009, Student Congress officials are in apparent violation of Oklahoma state statutes.
Additionally, Congress has allegedly neglected to file meeting notices with the county clerk in a timely manner in apparent violation of the Oklahoma Open Meeting Act.
Memebers of Student Congress control a portion of the $589,688 given to UOSA from the state, according to the OU Norman operating budget report.
OKLAHOMA STATE STATUTES
Student Congress allegedly broke state statues by not updating its website with agendas, minutes and meeting notices from last spring’s and this fall’s meetings or update it with current names of members.
The website is currently under construction so it will be easier for members to update and use, Student Congress Chairman Brett Stidham said.
A public body needs to post meeting notices, agendas and minutes on its website, according to state statute 74 section 3106.2. Meeting agendas have not been posted at congress.ou.edu since Nov. 19, 2009, and minutes have not been posted since Dec. 1, 2009. The member directory is from the 2009-2010 school year, as of press time.
Because the website is under construction, Stidham said he has e-mailed agendas and minutes to members.
“The law says if they have a website they have to update it, but that’s a unique question,” said Freedom of Information Oklahoma board member and former president Joey Senat referring to the website maintenance. “I’ve never heard that one before.”
Technical difficulties might be excusable, but not having someone on staff who knows how to update the website is not a valid reason, he said.
The Student Congress website is expected to be updated within the next few weeks, said Stidham, human resources management senior.
“I went to a training course with the Web developer earlier this week,” Stidham said. “We’re updating everything over the next week, week and a half. We’re doing a couple more trainings for some of our members.”
Graduate Student Senate Chairman Silas DeBoer said in an e-mail that his organization encountered problems trying to update its website, but managed to figure them out before the school year started.
“The officers in GSS had to learn how to use Dreamweaver (a Web development program) on our own and it wasn’t until the week before school that we finally got access to GSS’ website,” DeBoer said in an e-mail.
UOSA members have been trying to get an OU Information Technology student worker for UOSA, but cannot because they do not control the UOSA budget, DeBoer said. Student Affairs controls UOSA’s budget, and has not hired an IT officer during the past three years.
OPEN MEETING ACT
The Open Meeting Act is meant to protect the public and outlines rules public bodies must follow before, during and after meetings. The act defines a public body as a governing body within the state, meaning UOSA is bound to the laws.
A 1977 Attorney General’s opinion ruled Oklahoma State University’s student government is subject to open records and open meeting laws because it is part of a state entity that has legislative power. Because UOSA is OU’s student government, it is held to the same standard, Senat said.
According to section 311 of the Open Meeting Act, all public bodies have to file a schedule of regular meetings, including time, date and place, by Dec. 15 for the upcoming calendar year.
Even though the university operates on a different calendar, it is still subject to this law, Senat said.
Student Congress did not file its fall meetings until Aug. 10, records at the Cleveland County Clerk’s office show. Student Congress did file all spring 2010 meetings by the Dec. 15 deadlines.
The Open Meeting Act states “willful violations” of the act can lead to actions being invalid and are considered misdemeanors.
“The court said that ignorance of the law is not an excuse,” Senat said.
“They should know. There should be a procedure in place to teach them. Do they have a faculty adviser? It should be their responsibility to teach them.”
Assistant to the Vice President Brynn Daves advises the Student Congress. Daves was not available for comment at 4:30 and 4:50 p.m. Wednesday about whether Student Congress discusses the Open Meetings Act.
DeBoer made a PowerPoint presentation and gave a lecture to the Graduate Student Senate about the basics of the Open Meeting Act at the Sept. 12 Senate meeting. The PowerPoint also is on its website.
Allegations:
Possible violations of the Open Meeting Act and Oklahoma statutes for the past year by the Undergraduate Student Congress include:
» Not filing with County Clerk by Dec. 15
» Not updating website with agendas, notices and minutes
» Not updating website with member names
Links:
• Read Oklahoma's Open Meeting Act
• Read UOSA's budget allotments
• Graduate Student Senate's Open Meeting Act PowerPoint
• Student Congress meeting schedules filed with the County Clerk's office
Comments
quotetheraven 1 year, 5 months ago
Same old argument, same old cast of characters piling on in the comments. Yes, websites need updated, but to do that, requires resources put in the right places. Remember that student government is run by students, and their first priority is to be students. This is a public service that Brett and others do for this campus to make it a better place.
DylanC94 1 year, 5 months ago
Kiddie Congress has been working on its website since Fall 2009.... ALMOST A YEAR! Then they got distracted by trying to defeat SDS and forgot about the s.h.i.t that matters. Real smooth guys! This is what you get when you try to fight students who want change with people who like to play kiddie congress and don't have better things to do! You forget to wipe your own a.s.s! At least while the GSS was fighting SDS they maintained a s.h.i.t.t.y website that still keeps them within the legal confines of the law.
DylanC94 1 year, 5 months ago
BTW, WTF is up with the "watch your mouth" warning on the website. This is a MOTHER F.U.C.K.I.N.G college campus! We hear curse words everyday, and I'm sure they fly around the OU Daily newsroom too!
thedailylacksintegrity 1 year, 5 months ago
You stay nice and classy there DylanC94.
The bottom line here, addressed by Brett in this article, is that there is not an IT person available to assist in updating the site. Therefore, every few months they have to find a new person in Student Congress that has those skills. Brett should not be blamed for all of this, he just took over as Congress chair in late April (or should have, according to when Congress elects officers)
Anon 1 year, 5 months ago
And the Daily returns to its favorite hobby: UOSA bashing.
All of this is old news; why is it being reported as though it has never been run before? Talking about the Open Meetings Act - yet again - implies a new offense where there is none. As thedailylacksintegrity pointed out, the Student Congress does not have anyone who knows how to create a website - and they aren't being given someone who does. How are they supposed to update the website when they aren't being given anyone who knows how to do it?
alaskaairborne 1 year, 5 months ago
All excuses aside . . . . The fact remains that we're talking about STATE LAW here.
UOSA has repeatedly broken the Oklahoma Open Meetings Act over the past two years. And, it's become a joke.
At a certain point, it's not a problem with the students as much as it's a problem with the University Administration.
Why are paid state officials who are charged with enforcing state law shrugging their shoulders everytime this happens? And, that's exactly what's happening.
Punish them. Educate them. Support them. But, get involved and DO SOMETHING. The message that the Administration is clearly sending is that you don't have to follow state law.
grhm 1 year, 5 months ago
alaskaairborne, you have the right perspective. Unfortunately the behavior shown by the administration is understood when you look at the OK legislature they exempted themselves from the Open Meetings Act and OU Admin has that same attitude. It might be different if someone in UOSA actually understood laws, but then again a law student isn't a popular vote.
JosephusF 1 year, 5 months ago
Student Congress would be far more effective if the administration would stop being an obstruction to progress and they got a real advisor instead of Clarke Stroud's schedule keeper.
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