NOTICE: Agenda item number 3 above is vague and not descriptive enough to explain exactly what the issue is or what is going to be discussed. Are they going to discuss, consider, and take action to approve a resolution pertaining to Agenda item number 2? If not, exactly what does this mean, "authorizing the execution and delivery of a loan agreement and a sales tax remittance agreement and enacting other provisions related to the subject?" A loan agreement for what? A sales tax remittance agreement for what? Related to what subject? What are they talking about? This would appear to be so vague and incoherent as to violate the provisions of the Open Meetings Act and the 72 hour prior notice restrictions!
The Open Meetings Act requires written notice of all meetings. Section 551.041 of the Act provides:
The Open Meetings Act requires written notice of all meetings. Section 551.041 of the Act provides:
- A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body.
- A governmental body must give the public advance notice of the subjects it will consider in an open meeting or a closed executive session.
- Governmental actions taken in violation of the notice requirements of the Act are voidable.
- The notice must be sufficient to apprise the general public of the subjects to be considered during the meeting.
- Generalized terms such as “old business,” “new business,” “regular or routine business,” and “other business” are not proper terms to give notice of a meeting because they do not inform the public of its subject matter.
- The courts examine the facts to determine whether a particular subject or personnel matter is sufficiently described or requires more specific treatment because it is of special interest to the community. Consequently, counsel for the governing body should be consulted if any doubt exists concerning the specificity of notice required for a particular matter.
1 comment:
In all honesty, what is the big deal with number three? EDC has no money because they voted to give it all to Bass Pro and Reese project? Lets hope that the next chairman will be someone who actually considers the taxpayer's take on how their hard earned money is spent and not for that selected few who have already lined their pockets with other people's hard earned money!
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