City attorney warns council about wave of Open Public Meetings Act suits; urges agenda specificity

City attorney Amy (speaker 8) briefed the Willard City Council on recent litigation and best practices to reduce Open and Public Meetings Act (OPMA) exposure. Amy said roughly 40 lawsuits had been filed statewide in May alleging OPMA violations and explained insurers commonly cover attorney fees only up to a policy limit (she cited $10,000) but often will not cover damages; she said some jurisdictions settled at roughly $3,500 per claim.

Amy flagged common risky practices: advisory bodies (such as the planning commission) discussing matters outside their advisory remit during their meetings and staff/council members engaging in substantive off‑agenda deliberations. She recommended clearer agendas with reasonable specificity and reminded councilors that appointed advisory bodies are advisory and not elected decision makers; she suggested staff and council use existing mechanisms (staff reports, formal agenda items, or scheduled public hearings) to ensure transparency and reduce legal risk.

Quote from the briefing: “Back in May, approximately 40 lawsuits got filed up and down all through the state ...” Amy said the trust will pay attorneys up to a limit but typically not pay damages, and urged following formal agenda and public‑hearing processes.