Re: [Oama] Executive Session Items
Sent from Mail for Windows 10
From: Beech, Johnny
Sent: Monday, March 2, 2020 10:40 AM
To: Michael Beason; oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I would separate them just to be safe from open meetings act scrutiny.
Johnny Beech Attorney
Spencer Fane LLP
9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.com | spencerfane.com
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, March 2, 2020 9:32 AM
To: oama@lists.imla.org
Subject: [EXTERNAL] [Oama] Executive Session Items
[Warning] This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is trusted.
Quick Question. I have two (2) executive session items … (1) the hiring, employment and contract terms of the City Manager, (2) the hiring, employment and contract terms of the City Attorney. Each item is listed separately on the agenda under executive session. However, the items are combined on the agenda item to vote to go into executive session for both matters.
Any issues that anyone sees?
Michael T. Beason, OBA #18535
City Attorney – Altus
509 S. Main St.
Altus, Oklahoma 73521
Is the city attorney an employee?
Sent from my Sprint Samsung Galaxy Note9.
-------- Original message --------
From: Toni Capra capralawfirm@gmail.com
Date: 3/6/20 3:20 PM (GMT-06:00)
To: "Beech, Johnny" jbeech@spencerfane.com, Michael Beason mbeason@altusok.gov, oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
We do it that way all the time. Never have and any issues with it. As long as the persons are adequately identified in the agenda item you should be fine.
Sent from Mailhttps://go.microsoft.com/fwlink/?LinkId=550986 for Windows 10
From: Beech, Johnnymailto:jbeech@spencerfane.com
Sent: Monday, March 2, 2020 10:40 AM
To: Michael Beasonmailto:mbeason@altusok.gov; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I would separate them just to be safe from open meetings act scrutiny.
Johnny Beech Attorney
Spencer Fane LLP
9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.commailto:jbeech@spencerfane.com | spencerfane.comhttp://www.spencerfane.com/
From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Monday, March 2, 2020 9:32 AM
To: oama@lists.imla.org
Subject: [EXTERNAL] [Oama] Executive Session Items
[Warning] This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is trusted.
Quick Question. I have two (2) executive session items … (1) the hiring, employment and contract terms of the City Manager, (2) the hiring, employment and contract terms of the City Attorney. Each item is listed separately on the agenda under executive session. However, the items are combined on the agenda item to vote to go into executive session for both matters.
Any issues that anyone sees?
Michael T. Beason, OBA #18535
City Attorney – Altus
509 S. Main St.
Altus, Oklahoma 73521
I know I’m not in any of the towns I represent.
-mat
On Mar 9, 2020, at 18:59, Ray Vincent CityAttorney@choctawcity.org wrote:
Is the city attorney an employee?
Sent from my Sprint Samsung Galaxy Note9.
-------- Original message --------
From: Toni Capra capralawfirm@gmail.com
Date: 3/6/20 3:20 PM (GMT-06:00)
To: "Beech, Johnny" jbeech@spencerfane.com, Michael Beason mbeason@altusok.gov, oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
We do it that way all the time. Never have and any issues with it. As long as the persons are adequately identified in the agenda item you should be fine.
Sent from Mail for Windows 10
From: Beech, Johnny
Sent: Monday, March 2, 2020 10:40 AM
To: Michael Beason; oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I would separate them just to be safe from open meetings act scrutiny.
Johnny Beech Attorney
Spencer Fane LLP
<EF86F9F5CA6448B3ADB352E4C128BCCA.png>
9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.com | spencerfane.com
From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Monday, March 2, 2020 9:32 AM
To: oama@lists.imla.org
Subject: [EXTERNAL] [Oama] Executive Session Items
[Warning] This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is trusted.
<904B763EE6664DF2BB855AE0CA532C89.png>
Quick Question. I have two (2) executive session items … (1) the hiring, employment and contract terms of the City Manager, (2) the hiring, employment and contract terms of the City Attorney. Each item is listed separately on the agenda under executive session. However, the items are combined on the agenda item to vote to go into executive session for both matters.
Any issues that anyone sees?
Michael T. Beason, OBA #18535
City Attorney – Altus
509 S. Main St.
Altus, Oklahoma 73521
--
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
Depends. Small Towns usually use an independent contractor. Some ordinances make the City/Town attorney an officer, but no term so about the same as an independent contractor subject to removal/termination at will.
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Oama oama-bounces@lists.imla.org On Behalf Of Ray Vincent
Sent: Monday, March 9, 2020 6:59 PM
To: Toni Capra capralawfirm@gmail.com; Beech, Johnny jbeech@spencerfane.com; Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
Is the city attorney an employee?
Sent from my Sprint Samsung Galaxy Note9.
-------- Original message --------
From: Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>
Date: 3/6/20 3:20 PM (GMT-06:00)
To: "Beech, Johnny" <jbeech@spencerfane.commailto:jbeech@spencerfane.com>, Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>, oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
We do it that way all the time. Never have and any issues with it. As long as the persons are adequately identified in the agenda item you should be fine.
From: Beech, Johnnymailto:jbeech@spencerfane.com
Sent: Monday, March 2, 2020 10:40 AM
To: Michael Beasonmailto:mbeason@altusok.gov; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I would separate them just to be safe from open meetings act scrutiny.
Johnny Beech Attorney
Spencer Fane LLP
9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.commailto:jbeech@spencerfane.com | spencerfane.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.spencerfane.com%252f%26c%3DE%2C1%2Cb90-pvKu5Scpyp1ohcbiFt8TnTwB3jyR_tlNxUTxeTtG6cV_DuUThoKkLsjOwuRBsyYBQGou_-Haiugj1kuqsKL2zYFB-FwliKQOxSVZAzQCjFHEuWM0dchjvw%2C%2C%26typo%3D1&data=02%7C01%7Cmramsey%40soonerlaw.com%7C67fbf272a54f47ed5f7c08d7c501ec8e%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C0%7C637194484366487214&sdata=wiciFZUGOV%2Fz%2FtgQjPxL3ooXJIa1Ed7rXF%2BLg7lGj2g%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, March 2, 2020 9:32 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [EXTERNAL] [Oama] Executive Session Items
[Warning] This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is trusted.
Quick Question. I have two (2) executive session items ... (1) the hiring, employment and contract terms of the City Manager, (2) the hiring, employment and contract terms of the City Attorney. Each item is listed separately on the agenda under executive session. However, the items are combined on the agenda item to vote to go into executive session for both matters.
Any issues that anyone sees?
Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521
I represent two municipalities on a contract basis. One of the cities treats me as an employee, with payroll deductions from the monthly retainer, and does it because they insist that the IRS requires them to do it.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/
From: Oama oama-bounces@lists.imla.org On Behalf Of Mark Ramsey
Sent: Tuesday, March 10, 2020 10:33 AM
To: Ray Vincent CityAttorney@choctawcity.org; Toni Capra capralawfirm@gmail.com; Beech, Johnny jbeech@spencerfane.com; Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
Depends. Small Towns usually use an independent contractor. Some ordinances make the City/Town attorney an officer, but no term so about the same as an independent contractor subject to removal/termination at will.
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Ray Vincent
Sent: Monday, March 9, 2020 6:59 PM
To: Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>; Beech, Johnny <jbeech@spencerfane.commailto:jbeech@spencerfane.com>; Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
Is the city attorney an employee?
Sent from my Sprint Samsung Galaxy Note9.
-------- Original message --------
From: Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>
Date: 3/6/20 3:20 PM (GMT-06:00)
To: "Beech, Johnny" <jbeech@spencerfane.commailto:jbeech@spencerfane.com>, Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>, oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
We do it that way all the time. Never have and any issues with it. As long as the persons are adequately identified in the agenda item you should be fine.
From: Beech, Johnnymailto:jbeech@spencerfane.com
Sent: Monday, March 2, 2020 10:40 AM
To: Michael Beasonmailto:mbeason@altusok.gov; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I would separate them just to be safe from open meetings act scrutiny.
Johnny Beech Attorney
Spencer Fane LLP
9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.commailto:jbeech@spencerfane.com | spencerfane.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.spencerfane.com%252f%26c%3DE%2C1%2Cb90-pvKu5Scpyp1ohcbiFt8TnTwB3jyR_tlNxUTxeTtG6cV_DuUThoKkLsjOwuRBsyYBQGou_-Haiugj1kuqsKL2zYFB-FwliKQOxSVZAzQCjFHEuWM0dchjvw%2C%2C%26typo%3D1&data=02%7C01%7Cmramsey%40soonerlaw.com%7C67fbf272a54f47ed5f7c08d7c501ec8e%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C0%7C637194484366487214&sdata=wiciFZUGOV%2Fz%2FtgQjPxL3ooXJIa1Ed7rXF%2BLg7lGj2g%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, March 2, 2020 9:32 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [EXTERNAL] [Oama] Executive Session Items
[Warning] This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is trusted.
Quick Question. I have two (2) executive session items ... (1) the hiring, employment and contract terms of the City Manager, (2) the hiring, employment and contract terms of the City Attorney. Each item is listed separately on the agenda under executive session. However, the items are combined on the agenda item to vote to go into executive session for both matters.
Any issues that anyone sees?
Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521
Folks, sorry to jump in from outside OK, but the issue of whether the city attorney is an employee or independent contractor has been something we've tried to follow from the perch of offering amicus assistance to members when the IRS swoops in and claims the outside attorney is an employee. The issue is complicated and our model city attorney contract which should be available on our website offers some help but no guarantees. (There's one for in-house and one for outside counsel) We've participated in two appeals of determinations that the contract city attorney is an employee and in each case the decision was overturned within the IRS administrative process. To the extent an attorney represents a city as part of a private practice just as any other client, we argue that the attorney is no more an employee of the city than any other client. Where the issue becomes more likely to go the other way are the situations where the attorney receives benefits from the city that are available only to employees and where the relationship compares differently from that of other clients. This analysis offers little in response to the question of open meetings exceptions and for that I apologize, but if you have the issue arise with the IRS and are an IMLA member we will try to offer whatever assistance we can. The penalties for misidentification can be significant and obviously embarrassing since the client will be penalized. Chuck
[cid:image003.png@01D5F6D2.4FCA7110]
Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD 20850
[cid:image005.jpg@01D5F6D2.4FCA7110]http://www.facebook.com/IMLA-259977855541/ [cid:image006.jpg@01D5F6D2.4FCA7110] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image007.png@01D5F6D2.4FCA7110] http://twitter.com/imlalegal [cid:image008.jpg@01D5F6D2.4FCA7110] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110 M (240) 876-6790
D (202) 742-1016
W www.imla.orghttp://www.imla.org/
Plan Ahead!
IMLA's 2020 Mid-Year Seminarhttp://www.imla.org/events/seminars, April 24-27 in Washington, D.C.!
IMLA's 85th Annual Conferencehttp://www.imla.org/events/conferences, September 23-27 in Riverside County, CA!
From: Oama oama-bounces@lists.imla.org On Behalf Of Robert Thompson
Sent: Tuesday, March 10, 2020 11:37 AM
To: Mark Ramsey MRamsey@soonerlaw.com; Ray Vincent CityAttorney@choctawcity.org; Toni Capra capralawfirm@gmail.com; Beech, Johnny jbeech@spencerfane.com; Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I represent two municipalities on a contract basis. One of the cities treats me as an employee, with payroll deductions from the monthly retainer, and does it because they insist that the IRS requires them to do it.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Mark Ramsey
Sent: Tuesday, March 10, 2020 10:33 AM
To: Ray Vincent <CityAttorney@choctawcity.orgmailto:CityAttorney@choctawcity.org>; Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>; Beech, Johnny <jbeech@spencerfane.commailto:jbeech@spencerfane.com>; Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
Depends. Small Towns usually use an independent contractor. Some ordinances make the City/Town attorney an officer, but no term so about the same as an independent contractor subject to removal/termination at will.
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Ray Vincent
Sent: Monday, March 9, 2020 6:59 PM
To: Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>; Beech, Johnny <jbeech@spencerfane.commailto:jbeech@spencerfane.com>; Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
Is the city attorney an employee?
Sent from my Sprint Samsung Galaxy Note9.
-------- Original message --------
From: Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>
Date: 3/6/20 3:20 PM (GMT-06:00)
To: "Beech, Johnny" <jbeech@spencerfane.commailto:jbeech@spencerfane.com>, Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>, oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
We do it that way all the time. Never have and any issues with it. As long as the persons are adequately identified in the agenda item you should be fine.
From: Beech, Johnnymailto:jbeech@spencerfane.com
Sent: Monday, March 2, 2020 10:40 AM
To: Michael Beasonmailto:mbeason@altusok.gov; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I would separate them just to be safe from open meetings act scrutiny.
Johnny Beech Attorney
Spencer Fane LLP
9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.commailto:jbeech@spencerfane.com | spencerfane.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.spencerfane.com%252f%26c%3DE%2C1%2Cb90-pvKu5Scpyp1ohcbiFt8TnTwB3jyR_tlNxUTxeTtG6cV_DuUThoKkLsjOwuRBsyYBQGou_-Haiugj1kuqsKL2zYFB-FwliKQOxSVZAzQCjFHEuWM0dchjvw%2C%2C%26typo%3D1&data=02%7C01%7Cmramsey%40soonerlaw.com%7C67fbf272a54f47ed5f7c08d7c501ec8e%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C0%7C637194484366487214&sdata=wiciFZUGOV%2Fz%2FtgQjPxL3ooXJIa1Ed7rXF%2BLg7lGj2g%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, March 2, 2020 9:32 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [EXTERNAL] [Oama] Executive Session Items
[Warning] This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is trusted.
Quick Question. I have two (2) executive session items ... (1) the hiring, employment and contract terms of the City Manager, (2) the hiring, employment and contract terms of the City Attorney. Each item is listed separately on the agenda under executive session. However, the items are combined on the agenda item to vote to go into executive session for both matters.
Any issues that anyone sees?
Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521
Chuck, very helpful analysis
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/
From: Chuck Thompson cthompson@imla.org
Sent: Tuesday, March 10, 2020 10:52 AM
To: Robert Thompson rthompson@cheekfalcone.com; Mark Ramsey MRamsey@soonerlaw.com; Ray Vincent CityAttorney@choctawcity.org; Toni Capra capralawfirm@gmail.com; Beech, Johnny jbeech@spencerfane.com; Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: RE: [Oama] Executive Session Items
Folks, sorry to jump in from outside OK, but the issue of whether the city attorney is an employee or independent contractor has been something we've tried to follow from the perch of offering amicus assistance to members when the IRS swoops in and claims the outside attorney is an employee. The issue is complicated and our model city attorney contract which should be available on our website offers some help but no guarantees. (There's one for in-house and one for outside counsel) We've participated in two appeals of determinations that the contract city attorney is an employee and in each case the decision was overturned within the IRS administrative process. To the extent an attorney represents a city as part of a private practice just as any other client, we argue that the attorney is no more an employee of the city than any other client. Where the issue becomes more likely to go the other way are the situations where the attorney receives benefits from the city that are available only to employees and where the relationship compares differently from that of other clients. This analysis offers little in response to the question of open meetings exceptions and for that I apologize, but if you have the issue arise with the IRS and are an IMLA member we will try to offer whatever assistance we can. The penalties for misidentification can be significant and obviously embarrassing since the client will be penalized. Chuck
[cid:image001.png@01D5F6CA.91F70790]
Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
A 51 Monroe St., Suite 404, Rockville, MD 20850
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From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Robert Thompson
Sent: Tuesday, March 10, 2020 11:37 AM
To: Mark Ramsey <MRamsey@soonerlaw.commailto:MRamsey@soonerlaw.com>; Ray Vincent <CityAttorney@choctawcity.orgmailto:CityAttorney@choctawcity.org>; Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>; Beech, Johnny <jbeech@spencerfane.commailto:jbeech@spencerfane.com>; Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I represent two municipalities on a contract basis. One of the cities treats me as an employee, with payroll deductions from the monthly retainer, and does it because they insist that the IRS requires them to do it.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
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From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Mark Ramsey
Sent: Tuesday, March 10, 2020 10:33 AM
To: Ray Vincent <CityAttorney@choctawcity.orgmailto:CityAttorney@choctawcity.org>; Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>; Beech, Johnny <jbeech@spencerfane.commailto:jbeech@spencerfane.com>; Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
Depends. Small Towns usually use an independent contractor. Some ordinances make the City/Town attorney an officer, but no term so about the same as an independent contractor subject to removal/termination at will.
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Ray Vincent
Sent: Monday, March 9, 2020 6:59 PM
To: Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>; Beech, Johnny <jbeech@spencerfane.commailto:jbeech@spencerfane.com>; Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
Is the city attorney an employee?
Sent from my Sprint Samsung Galaxy Note9.
-------- Original message --------
From: Toni Capra <capralawfirm@gmail.commailto:capralawfirm@gmail.com>
Date: 3/6/20 3:20 PM (GMT-06:00)
To: "Beech, Johnny" <jbeech@spencerfane.commailto:jbeech@spencerfane.com>, Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>, oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
We do it that way all the time. Never have and any issues with it. As long as the persons are adequately identified in the agenda item you should be fine.
From: Beech, Johnnymailto:jbeech@spencerfane.com
Sent: Monday, March 2, 2020 10:40 AM
To: Michael Beasonmailto:mbeason@altusok.gov; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Executive Session Items
I would separate them just to be safe from open meetings act scrutiny.
Johnny Beech Attorney
Spencer Fane LLP
9400 N. Broadway Ext, Suite 600 | Oklahoma City, OK 73114
O 405.844.9900
jbeech@spencerfane.commailto:jbeech@spencerfane.com | spencerfane.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.spencerfane.com%252f%26c%3DE%2C1%2Cb90-pvKu5Scpyp1ohcbiFt8TnTwB3jyR_tlNxUTxeTtG6cV_DuUThoKkLsjOwuRBsyYBQGou_-Haiugj1kuqsKL2zYFB-FwliKQOxSVZAzQCjFHEuWM0dchjvw%2C%2C%26typo%3D1&data=02%7C01%7Cmramsey%40soonerlaw.com%7C67fbf272a54f47ed5f7c08d7c501ec8e%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C0%7C637194484366487214&sdata=wiciFZUGOV%2Fz%2FtgQjPxL3ooXJIa1Ed7rXF%2BLg7lGj2g%3D&reserved=0
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Monday, March 2, 2020 9:32 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [EXTERNAL] [Oama] Executive Session Items
[Warning] This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is trusted.
Quick Question. I have two (2) executive session items ... (1) the hiring, employment and contract terms of the City Manager, (2) the hiring, employment and contract terms of the City Attorney. Each item is listed separately on the agenda under executive session. However, the items are combined on the agenda item to vote to go into executive session for both matters.
Any issues that anyone sees?
Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521
