Tue, Nov 10 2009
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Published April 23, 2008 03:21 pm - Ignorance is no excuse for breaking the law. Ruling the dark side of sunshine Ignorance is no excuse for breaking the law is a maxim we’re taught from youth. However, unfortunately, it’s not always true.
Public officials can claim ignorance — or apathy — of the state’s sunshine laws and ignore them. Muskogee County District Attorney Larry Moore ruled Monday that the Muskogee City Council and the city committed no “willful violation” of the Open Meeting Act. Moore made the ruling after a 10-month review of a complaint filed last June by Muskogee resident Mark Hughes. Hughes contended, among other things, that the council had violated the Open Meeting Act by holding short meetings in a conference room prior to its regular twice-a-month meetings in the council chamber. Moore’s ruling casts no dispersions on his office, despite the fact Hughes said Moore’s decision was “politically expedient.” Moore’s ruling, however, is a sad commentary on the state’s sunshine laws that call for all public bodies to be open and transparent. The willful clause makes violations difficult to identify and rectify. It makes even egregious violations difficult to prosecute, if it ever came to that. However, if a driver entered a town and drove faster than the speed limit, claiming ignorance would unlikely prevent that driver from receiving a ticket. Drivers are supposed to be aware of the speed limit. Likewise, public officials should be aware of the Open Meeting and Open Records Acts. It should be part and parcel of managing a public entity. 
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