City Attorney: Committee must obey 'sunshine laws' if exercising oversight authority

Before Wednesday's meeting, the City Attorney for Council Affairs advised Chairman Carter that he must comply with the Open Meetings Act if his committee chooses to perform the functions laid out in the Mayor's Executive Order.

His response? He is asking the Mayor to re-write her order, using language that will allow the Committee to circumvent operate without triggering the law.

In the meantime, the Park Department is following the Executive Order as written. Once again, Mike Perkins presented the committee his tree maintenance plans, and once again the committee chose not to look at them.

So the Park Department, following the Mayor's order, is unable to do any routine tree maintenance. Not good.

Agenda for Wednesday's meeting

The Committee has provided us with a copy of their agenda for tomorrow. Verbatim: 1. Discussion regarding future role and structure of Tree Advisory Committee including: membership; guidelines, bylaws, and/or rules for committee; and affiliation with any other entities. 2. Update regarding recruitment of foresters, arborists, wildlife experts, and/or garden center staff and discussion regarding process for approving requests from City of Tulsa Parks Department for tree trimming and/or removal pursuant to Executive Order. 3. Review requests for tree trimming/removal from Parks Department and authorize work if appropriate, pursuant to Executive Order. 4. Discussion of implementation and progress of Strategic Plan adopted by the Tulsa City Council, including potential funding for the Strategic Plan. 5. Next meeting. 6. Adjourn.

Correction

The Tuesday blog entry initially mentioned a 'leaked' 5-year plan. The reference was removed when I realized it was the same document openly presented months earlier to the larger Council.

Although the reference was online for only 2 hours, text of the entire blog was captured during that time, and distributed via email. We regret the error.

Meeting summary

Concerning the Executive Order, the Tree Advisory Committee is not sure what they are supposed to do, if they are qualified to do it, which ones of them should do it, and if they have to do it in public. They decided to look into it and meet again next month. If the Committee provides us with minutes, we'll be happy to post them.

Mike Perkins presented the Park Department's tree maintenance plans - a two-inch-thick sheaf with full color pictures, which we will post if we can find a scanner with a document feeder.

The plans were not discussed, examined, approved or rejected, because discussion shifted back to valid questions about the Committee's role.

Chairman Carter said he intended to refer the Open Meetings Act compliance issue to the City Attorney.

The next meeting will be 1:30 p.m. Wednesday, June 6.

Tree Advisory Committee meeting Wednesday

The Tree Advisory Committee will meet at 1:15 pm Wednesday at City Hall, in Room 201, where they will discuss this five-year plan - but we're not invited. I am therefore going anyway.

When contacted, our 'citizen representative' (appointed by the Mayor) Cherie Cook denied the meeting was happening...then admitted it was happening, but refused to say when and where it was...and then she asked us not to attend. We declined. When alerted to the state law, Chairman Cason Carter said he believed it did not apply to his committee, but that he would have the City Attorney check. Another committee member said that the issue of open meetings would be discussed...at the committee meeting.

No discussion is needed. The Open Meeting Act is explicit: All meetings of "all committees or subcommittees of any public body" must be "preceded by advance notice" and "open to the public." There is no gray area. Willful violations are a misdemeanor, punishable by a fine and imprisonment.

Mayor's Executive Order 07-119 places the "maintenance, trimming, and removal of trees under the authority of the Tree Advisory Committee", which was formed in 2006 by then-City Councilor Susan Neal.

Two weeks ago, we said 'we did it.' It looks like there's still work to do.

We did it.

We saved the trees. From now on, whenever the Park Department wants to remove a tree in any Tulsa park, they'll need approval from the Tree Advisory Committee (or the Mayor herself, in an emergency.)

In coming weeks, the Committee may ask for help in taking care of the immediate needs of Woodward Park. The trees do need trimming. As soon as we know details, we'll post them here.

In the long term, there are still questions about who will trim and who will pay for it. But we'll leave that up to the powers that be.

In the meantime, the signs and ribbons can come down. We won.

It's official: Trees stay. Forester goes?

Last week, Park Board chairman Walt Helmerich, Park Board member Joe Schulte, and the Park Department's Urban Forester #2 Dave Zuconni re-examined the condemned trees, and decided that only one out of fifty should be removed. Head Urban Forester Mike Perkins is 'out of the office' for two weeks.

The Mayor today issued a press release. By executive order, the Park Department must submit all future plans for Woodward Park tree maintenance to an oversight committee. Park Department head Mary Ann Summerfield is 'on vacation' this week.

There are still questions to be answered. In the press release, the Mayor says that tree maintenance, for now, will come from "teaming with private partners." Why private? Why is the Park Department unable to do routine trimming?