City attorney warns council about surge of Open Public Meetings Act suits; urges clearer agendas and process

City Attorney Amy briefed the council on recent litigation linked to Open Public Meetings Act (OPMA) compliance and urged the council to tighten agenda specificity and formal processes to avoid exposure. She said the city’s insurer will cover attorney costs up to a set limit but not damages, and that small settlements had cost jurisdictions about $3,500 apiece in some cases.

“Back in May, approximately 40 lawsuits got filed,” Amy said, adding that trusts would typically pay attorney fees up to $10,000 but not damages, and that some suits had been settled for about $3,500 each. Amy warned that advisory bodies, such as the Planning Commission, can inadvertently trigger OPMA issues if they discuss matters outside their defined remit or if council members participate informally in advisory-body meetings without public notices.

She recommended that planning-commission concerns be channeled to council agendas through staff, that agenda descriptions include reasonable specificity so the public can see what will be discussed, and that staff match future-land-use planning with facilities and impact-fee studies. Council asked for follow-up and clearer internal process steps to avoid legal exposure.