Assistant District Attorney Barry Farbro issued guidelines to county commissioners based on two Progress stories in connection with the Open Meeting Act.

Tuesday March 27 commissioners Mike Helm, Kirt Thacker and Dan DeLozier were photographed having lunch with engineer John Blickensderfer, a county vendor, and citizen Steve Kloehr. Though Helm admitted discussing a bridge with Blickensderfer, the three commissioners denied doing county business over lunch.

According to Farbro’s email to commissioners, “When a majority of members of a public body are together in an informal setting and begin discussing matters concerning the business of the public body, the discussion comes under the auspices of the Open Meeting Act. Note: This would pertain to lunch at Rib Crib, provided a majority of the board was personally present together AND the business of the Board was discussed, even if no vote or other action is taken.”

Following the lunch gathering, District Attorney Gene Haynes said, “It raises suspicion. If I were them I would probably avoid anything that raises suspicion.”

Wednesday March 28, the Progress reported that Debbie Hendrix of Corporate Advantage said she had met with commissioners Helm and Thacker twice to discuss the potential drug testing of county employees, including pricing.

Based on Farbro’s guidelines, such a meeting would be illegal.

“When members of a public body meet among themselves to discuss the appropriation of funds, the requirement of the Open Meeting Act must be satisfied. Note: This pertains to informal discussions among a majority of the board even if no vote or other action is taken.

“When a public body meets with a group of experts in order to gain insight into a particular matter, the meeting must be open to the public and satisfy other requirements of the Open Meeting Act. Note: This would pertain to a situation similar to the meeting with the Corporate Advantage representative this week, provided a majority of the board was personally present together. I was present during a portion of the presentation and only Board Chairman Kirt Thacker, Citizen Steve Kloehr and Debbie Hendrix were in the board meeting room.”

Hendrix reconfirmed in later conversations that she had met twice with Helm and Thacker at the same time. She said another gentleman she did not know was present. Her description fits that of Kloehr.

Initially Helm denied ever meeting with Hendrix, while Thacker claimed that Helm had spoken with her then left and that he (Thacker) had then spoken with her.

In a later interview with Helm, he said that the meeting had been information gathering only and that Commissioner Dan DeLozier had also been present as had Brenda Pendergraft from the county clerk’s office.

Pendegraft said that Helm had called for someone from the county clerk’s office to come down and she had gone. She said that Helm, Thacker, Hendrix, another lady who she thought was a nurse, and Rebecca Muratet were present at that time.

“They asked me some questions about drug testing,” said Pendegraft.

Asked if she would recognize DeLozier, Hendrix said, “yes” and denied that he had been present at any of the meetings. She admitted that the meetings were very informal and people had “walked through” the office. She did not remember Farbro actually sitting down with them.

DeLozier said that he had walked through the room. At that time, Helm was not present.

Violations of the Open Meeting Act are a misdemeanor and “upon conviction shall be punished by a fine not exceeding Five Hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding one (1) year or by both such fine and imprisonment” according to Title 25 Section 314.

“The Open Meeting Act provides that any action taken in willful violation shall be invalid. Willfulness does not require a showing of bad faith, malice, or wantonness, but rather, encompasses conscious, purposeful violations of the law or blatant or deliberate disregard of the law by those who know, or should know the requirements of the Act.”

Contact Joy Hampton at news4@claremoreprogress.com or call 341-1101, ext. 245.