Public trust providing self-insurance coverage for schools brought action against member school districts for failure to pay invoices and sought declaratory judgment that amended trust agreement, which public trust’s board of trustees adopted at meeting allegedly conducted in violation of the Oklahoma Open Meeting Act (OMA), created obligation to pay.
The District Court denied trust’s motion for partial summary judgment and granted school districts’ cross-motions for partial summary judgment. Trust petitioned for certified interlocutory appeal, which was granted.
The Supreme Court held that:
- Trust’s vote to adopt and submit revised amended trust agreement did not fall within “new business” exception to OMA’s advance public notice requirement;
- Trust’s withdrawal of prior submission of amended trust agreement and vote to adopt and submit revised amended trust agreement was a substantive act, not housekeeping or ministerial clean-up;
- Trust violated OMA by voting on matters outside scope of posted agenda; and
- Trust’s violation of OMA was willful.