Text #1a KCH to AT After Clerk Desiderio introduced the paper, she gave a brief synopsis of the OML
complaint, the AGO's determination and the reason why this meeting was necessary.
Clerk Desiderio read into the record a number of text messages, email, voice mail
transcript into the record.
Council President Linehan then recognized City Solicitor McNeil who offered
understanding and guidance to the full Council on improper deliberation and how to
avoid it in the future.
Points from the Attorney General's determination Solicitor McNeil reiterated to the Body
for clarity and understanding:
1. One-way communications can reach a quorum, even if nobody responds.
2. If the subject matter is within the Body's jurisdiction, it can be deliberation even when
a vote is not pending.
3. Communications that skirt the spirit of the law may not be used to circumvent the law.
4. Communication outside a meeting may still be deliberation even if the other person
doesn’t respond back.
5. It doesn’t matter who contacts who, it still counts as communication.
6. Even a thumbs up emoji on social media is considered deliberation, because it
expresses an opinion on a matter within the Body's jurisdiction outside a duly posted
meeting.
7. The OML is very broad and so members should be careful at all times when it comes
to outside communications.
8. And finally, even if a member doesn't think they are speaking to a quorum, hub and
spoke communications have a cumulative effect and leads to a violation like the one
