- Meeting in executive session to discuss "pending litigation" when there was none.
- Voting during executive session to exclude Mayor Dewey Bartlett from the closed-door meeting.
We note at the outset that ‘pending’ investigations, claims, and actions must refer to a wider class of things than those already in existence; otherwise, the term ‘pending’ would be superfluous.‘Pending’ is not defined in the OMA or elsewhere in the Oklahoma Statutes. In such cases, the ordinary meaning of a word is used. The dictionary defines ‘pending’ as "not yet decided : in continuance: in suspense’ or ‘until the occurrence or completion of : while awaiting.’ Webster's Third New International Dictionary 1669 (3d ed. 1993). The first definition connotes something already in existence, while the second includes things not yet existing.Thus, ‘pending’ can refer to an investigation, claim or action which either presently exists or is merely potential or anticipated. (Id. ¶ 9)