Im not so concerned about the statements made by the attorney for the board here, but I will fault him though for not telling the board that they needed to vote to return to public meeting and then vote for action.
Im more concerned about the statements made by the board that are not supported by law to justify the executive session or their lack of maintaining minutes of those sessions.
Oklahoma Open Meeting Act
http://www.foioklahoma.org/OpenMeeting.pdfNo where under Executive Session does it provide for the general discussion of "review the use of employee flexible time" or general operations of any nature. Topics of general discussion are reserved for public meetings, not executive sessions. Executive Sessions may only be used when discussing 8 specified criteria, none of which allows for such a general discussion to take place.
Any vote they took was invalid but could be re-addressed at another meeting to correct procedure. If they fail to correct, then I assume they could be held laible for willful violation of the act.
None of the excuses the thought they didnt have to keep minutes of executive sessions or the manner in which they use them to discuss matters that are relevant but feel best kept out of the public ear.