City officials amended a provision in the bylaws of the City of Muskogee Foundation that some say attempted to skirt the Open Meeting Act’s policy of open government.

But at least one city councilor says the change doesn’t satisfy his concerns that the charitable foundation operate with transparency and openness.

The bylaws originally approved March 10 by the City Council state the foundation will operate in accordance with the Open Meetings Act, but several provisions appear to undermine the law.

Experts say the foundation is subject to the state’s so-called sunshine laws because it is funded by the proceeds from the lease of Muskogee Regional Medical Center, which are considered public funds. The foundation will be responsible for investing the estimated $100 million principal and doling out any interest earned for projects designed to improve the quality of life for all Muskogee residents.

City Attorney Frank Medearis said the deletion of language in one paragraph that originally indicated the foundation’s compliance with the Open Meeting Act would be “subject to the provisions of these bylaws” should assuage most concerns.

“I added a sentence that states in the event of a conflict between the provisions of these bylaws and Open Meetings Act, the Open Meetings Act shall control,” Medearis said. “So if there is any question about this, the Open Meeting Act will guide how meetings are conducted in every situation.”

The clauses that aroused suspicions and concerns remain in the amended bylaws approved this past week by the City Council. Those clauses, which bothered legal experts, some city councilors and community members included provisions that appear to allow:

• The foundation’s board of directors to meet without public notice.

• Members to vote without meeting by unanimous consent.

• Directors to meet by teleconferences during which votes could be cast.

Medearis said the express language of the amended bylaws would negate any parts of the questionable provisions should they be challenged at any point in the future.

Ward IV Councilor Jim Ritchey, who cast the lone vote against the most recent set of bylaws, said he is concerned about provisions that would allow foundation directors to attend meetings by teleconference.

Ritchey said he is bothered by the fact that a director attending a meeting by teleconference might be counted as present for purposes of attaining a quorum. By law, a majority of directors must be present before a public body can conduct business.