Prosecutors found no “willful violation” of the Open Meeting Act by the city of Muskogee or its City Council.

The ruling comes after a 10-month review of a 17-page complaint filed in June with the Muskogee County Sheriff’s Office. The allegations were leveled by Muskogee resident Mark Hughes.

Muskogee County District Attorney Larry Moore said his review of the alleged violations Hughes documented during the course of the previous two years revealed “no criminal violations.”

“In order to prosecute violations of the Open Meeting Act, such actions must be found to be in willful violation of its provisions,” Moore said. “We believe that the Muskogee City Council was not in willful violation of the Open Meeting Act and has corrected any alleged or perceived deviations.”

Hughes, who is managing public relations for mayoral hopeful John Tyler Hammons, said he was disappointed with Moore’s findings.

“I understand the difficult political position Mr. Moore was in when he made this decision,” Hughes said after learning about the ruling. “But this politically expedient opinion has put a black mark on what has been — until now — a stoic career as district attorney.”

In his complaint, Hughes accused city officials of posting misleading and inaccurate agendas. Hughes also alleged violations occurred as a result of the City Council’s failure to post items of discussion in advance of its pre-agenda meetings, which were terminated earlier this year.

Moore said his opinion is based upon extensive case law and attorney general opinions that have interpreted the state’s sunshine laws, which are intended to promote transparency and public trust in government.

“These cases state that the word ‘willful’ must encompass both conscious, purposeful violations of the law and blatant or deliberate disregard of the law,” Moore said. “Furthermore, said willfulness could include an act or omission which has the effect of actually deceiving or misleading the public regarding the scope of matters to be taken up at the meeting.”

To further bolster his opinion, Moore said city officials acted in accordance with advice provided by the city’s attorneys. Moore said there is “no evidence that the city attorney ever advised the City Council as a whole or any individual members that they were violating the Open Meetings Act.”

Hughes said his efforts to make sure city government and other public bodies comply with state law will not end with Moore’s ruling. Moore, meanwhile, said he respects Hughes’ personal opinions. Moore, however, rejected Hughes’ assertion the decision to forego prosecution was motivated by politics.

“This was not a difficult political decision, this was a legal decision,” Moore said. “I have been entrusted by the people of this county to follow the law and enforce the law. If the evidence is not there we cannot create it, and we will not prosecute a case just because someone thinks there has been a violation.”

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