PRESENTED BY: "We respect the courts decision and will go about bringing new items of business, to correct what the court found to be deficient, for the Authority Boards consideration.". The 22nd edition is available . Winds ENE at 5 to 10 mph. It OTA disputes that, then they take it up on appeal. Attorney General John M. O'Connor and the Oklahoma Press Association invite you to attend any of these free sessions designed to deal directly with your questions and concerns about Oklahomas Open Meeting and Records Acts. This can be done many ways. endstream endobj startxref These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. Low 52F. Low around 45F. hTO[U?- call for an audit of the Oklahoma Turnpike Authority. Olsen declared the open meetings act violation was "willful." "The agendas for the meetings in question clearly do not comply with the (Open Meeting Act)," Olsen said. "I was like, 'Well, that's not going to affect me. In the document, Ward disagrees with the argument that the director's report was irrelevant to the case, citing a 1981 Oklahoma Attorney General opinion that defined business on an agenda. The OTA knew the general routes of the turnpike plan for ACCESS Oklahoma before the Feb. 22, 2022, meeting. FOX23 also uncovered an email warning project leaders to explicitly state the existing stretch of the Gilcrease Expressway in Berryhill would become tolled on some public meeting flyersbut the actual flyers never said it. A public body may voluntarily choose to allow public comment. The Oklahoma Open Meetings Act exists to "encourage and facilitate an informed citizenry's understanding of governmental processes." The idea for the statute was conceived during a period of reform in the late 1950s, culminating during the gubernatorial administration of J. Howard Edmondson. Regardless, the good faith defense doesnt apply to outside entities like engineering firms, so theyre liable for the funds, Tarasov said. A governing body member can be removed by operation of law if he or she is absent for more than one-half of all meetings of the governing body within any four consecutive months. Under the Open Records Act, government agencies may NOT do which of the following? "The announcement was made at an early stage of development so that the public would have meaningful information about the OTAs long-range plans and the timing of future projects.". 313 Minutes of an Executive Session will be made public where the Open Meeting Act is willfully violated. Read MoreBroken Arrow couple wrongfully accused in death of one grandson suing guardian of other grandson, The victim in a soliciting case involvingJesse McFaddensays he texted her the night before seven bodies were found on the property where Jesse allegedly lived. For more information, emaillsutliff@okpress.com. While the judge entered a ruling in favor of Wards clients, Ward must compile a journal entry of judgement to clarify the impacts of the ruling. All residents have a right to the public records that belong to them. Read More7 bodies found near Henryetta. The 22nd edition is available now and includes updates from the 2020 and 2021 legislative sessions. 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Before February, Jaci Statton wasn't particularly focused on Oklahoma's abortion bans. Transportation spokeswoman Brenda Perry-Clark said the judge's decision was being evaluated after the ruling came out about 4:30 p.m. Thursday. when the next round of seminars are scheduled: Oklahoma Journalism Hall of Fame Induction, NA Webinar: Become a Photoshop Guru in 90 minutes, OMC Webinar: Accurately and Ethically Report on Addiction. Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. 2023 www.oklahoman.com. More:This attorney has become a 'valuable tool' for journalists fighting for public records. The turnpike authority first suggested it was about to pursue a $5 billion turnpike expansion and improvement plan at a Dec. 7, 2021, meeting but did not detail the improvements or new turnpikes. Plaintiffs request the Court to set this matter for hearing at its earliest opportunity so a journal entry may be entered.. In December, the OTA was found in violation of the states Open Meeting Act because of vague wording in its January and February meeting agendas, which authorized key engineering and design contracts for its controversial ACCESS Oklahoma project. Read MoreRepairs made after around 18 business evacuated in east Tulsa due to a gas leak, The vigil was held at the Henryetta High School gym as the community tried to come to terms with tragedy. No one should have to resort to litigation to obtain a public record. The FOX23 Investigation also uncovered records of a behind-closed-doors meeting where officials came up with solutions to do away with the tollbut never told the public. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. Thats not just my opinion; its the law. The Oklahoma Turnpike Authority has spent $132.8 million, spread among 12 engineering firms, and funded such work from money allocated for other capital improvement projects, including a new midway toll plaza on the Turner Turnpike. In my role as the states chief law enforcement officer, I am committed to making sure those who request such records do not have to pursue legal action or navigate other burdensome obstacles simply to get what they lawfully have a right to receive. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. 2502 0 obj <>/Filter/FlateDecode/ID[<60A1C82621210A40B355C0484E4F2BFE>]/Index[2490 22]/Info 2489 0 R/Length 78/Prev 901037/Root 2491 0 R/Size 2512/Type/XRef/W[1 3 1]>>stream AG Opinion 2022-8 January 6, 2023 Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. )I am far from done with reading and analyzing the bill language, but already I can spot a couple of places where the bill would threaten encryption, so . TULSA, Okla. In an exclusive one-on-one sit-down, Oklahoma Attorney General Gentner Drummond said records uncovered in a FOX23 Investigation are part of what led him to call for an audit of. The purpose of the act is to ensure and facilitate the public's right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power. Read MoreRogers County Sheriff's Office announces name of new K-9, Oklahoma Governor Kevin Stitt has signed a bill banning medical procedures for gender transition for anyone under the age of 18 in Oklahoma. "The OTA first announced the $5 billion long-range turnpike expansion and improvement plan at the Dec. 7, 2021, board meeting, and thereafter made OTA representatives available to the media in order to publicize the announcement as much as possible," Perry-Clark said. Sections 301-314) requires all public bodies to file advance notice of regularly scheduled and special meetings with the Secretary of State, as well as advance notice of changes in date, time, or location of regularly scheduled meetings.. 4/25/2023Register now for 2023 Convention, 4/19/2023April Publisher available to download, 3/23/2023Free & Low-Cost Training from Poynter, 5/4/2023Oklahoma Journalism Hall of Fame Induction, 5/11/2023NA Webinar: Become a Photoshop Guru in 90 minutes, 5/11/2023OMC Webinar: Accurately and Ethically Report on Addiction, Membership Management Software Powered by. These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. Openness and transparency are among the hallmarks of our nation and its government created of the people, by the people and for the people. Open Meeting & Open Records Books. The Attorney General looks at whether the Board of Tests for Alcohol and Drug Influence is subject to 62 O.S.2021, 211, such that it must pay ten percent (10%) of all gross fees it receives into the General Revenue Fund. Ward said those involved in the meetings act violations could, if prosecuted by the district attorney, face a year in county jail or a fine of up to $500. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? An open records request also revealed the turnpike authority paid a public relations firm to acquire a list of potential turnpike opposition web domain addresses. 304(2). TULSA, Okla.In an exclusive one-on-one sit-down, Oklahoma Attorney General Gentner Drummond said records uncovered in a FOX23 Investigation are part of what led him to call for an audit of the Oklahoma Turnpike Authority. When you check in at a seminar, confirm that you complete the required CE form to receive credit. when it fully reconsidered and voted to approve the contracts pursuant to OMA-compliant agenda items at its Jan. 3 regular meeting, the email reads. In enacting the OMA, the Legislature promoted a new era in governmental accountability and fostered openness in government to enhance responsible decision making.1 Nothing in the OMA prohibits a public body from adopting an ordinance, resolution, rule, or charter provision that requires a greater degree of openness . %%EOF The agency subsequently paused all operations for the ACCESS project on Dec. 8. The Oklahoma Open Meeting Act requires that subjects to be discussed be provided to the public as part of agendas posted in advance of meetings. During the debate in the legislature, Attorney General Mike Hunter reached out to a member of the FOI Oklahoma board to assure us that his office would quickly write and issue Frequently Asked Questions (FAQ) that clarify the language of the bill. Attorney General opinion regarding the rule-making powers vested in the State Board of Education and under what authorities the State Board may promulgate its proposed rules. In responding to a request for an opinion from a state legislator regarding the Oklahoma Sheriffs' Association, Attorney General Mike Hunter found "it meets the definition of 'public body' and is therefore subject to both the Oklahoma Open Meeting Act and the Oklahoma Open Records Act." Mr. Hayward suggested that the town check with the Attorney General's office as to whether Zoom meetings might be a violation of the state law. DEBRA SCHWARTZ Assistant Attorney General. It turns out another legal expert was watching the story. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority", Information provided to the public such as what you. Box 1300 Wewoka, OK 74884 Dear District Attorney Smith: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the Oklahoma Open Meeting Act permit a county board of equalization of this title shall be known and may be cited as the "Oklahoma Open Records Act". Oklahoma Open Records Act Section 24A.1 - Short Title Cite as: O.S. hbbd```b``/dN )$`# F{ c #'HhQ? The Oklahoma Open Meeting Act, 25 O.S. "Hopefully he will look at this very seriously," Ward said. the Open Meeting Act and Open Records Act, plus it's updated annually after each State legislative session. 1991 and Supp.1998, 301 - 314, generally requires that public bodies, which come under the Act, hold meetings open to the public with advance public notice of the time and place of the meeting and the matters to be considered on the agenda. The agencys plan, also known as ACCESS, is estimated to cost $5 billion and includes a new turnpike along Indian Hills Road and another in the Lake Thunderbird Watershed. Attorney General's Telemarketer Restriction Act Consumer Registry, Workers Compensation and Insurance Fraud Unit (WCIFU), Criminal Justice Reclassification Coordination Council, Commission on the Prevention of Abuse of Elderly and Vulnerable Adults, Victim Services Boards, Councils and Task Forces. Other non-council meetings such as the PWA are not included in the computation. The future of the Oklahoma Turnpike Authoritys $5 billion ACCESS Oklahoma plan is in question following a ruling the agency "willfully" violated the Oklahoma Open Meeting Act. On Monday, Drummond met with some of those upset Berryhill residents FOX23 introduced you toas well as state lawmakers from the area. During the debate in the legislature, Attorney General Mike Hunter reached out to a member of the FOI Oklahoma board to assure us that his office would quickly write and issue Frequently Asked Questions (FAQ) that clarify the language of the bill. OPA's publication includes the complete text of Oklahoma's Open Meeting Act and Open Records Act, plus it's updated after each State legislative session. Winds N at 5 to 10 mph.. A mostly clear sky. Your municipal attorney is your legal advisor. Read MoreTragic end to an Amber Alert after 7 bodies found on Henryetta property, The polls have closed and theresultsare in, Rosco will be the new name of one of the new K-9s at Rogers County Sheriff's Office (RCSO)! The Attorney General looks at the conversion of the State Board of Health to a purely advisory body. The book also includes a plain-English digest of every court ruling and attorney general opinion You are entitled to inspect most public records as promptly as possible. The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. A local attorney who sued the Oklahoma Turnpike Authority for Open Meeting Act violations and won is now suing the agency and its contractors. ve discovered and others, principally a state court judge in Cleveland County, puts my office on notice that we need to examine, That judge in Cleveland County ruled last fall. The appeal cites several. A new suit filed in Cleveland County District Court alleges the Oklahoma Turnpike Authority improperly remedied its Open Meeting Act violation and owes about $42 million. %PDF-1.5 % This upcoming week is Sunshine Week, an annual celebration of access to public information and open government. Note: This post was updated on March 27, 2020 to include the FAQ #2 at the time it was released by the Attorney General. Friday, January 6, 2023, the Oklahoma Turnpike Authority filed an appeal of the judgment in the Open Meeting Act lawsuit out of the Cleveland County District Court. Record all action taken on the matters discussed. Recently, I wrote for Lawfare about Sen. Dick Durbin (D-IL)'s new STOP CSAM Act bill, S.1199.The bill text is available here.There are a lot of moving parts in this bill, which is 133 pages long. Read MoreGov. When Defendant OTA Executive Director Tim Gatz and Governor Kevin Stitt announced the rollout of ACCESS Oklahoma at the Feb. 22, 2022 meeting, they were committing the State of Oklahoma to this $5 billion ACECSS program, Wards motion states. Labarthe said the agencys attorney, Phillip Whaley, disagrees, stating that because the announcement of the plan was not voted on by the board under the directors report, the rollout didnt constitute invalidation. The Attorney General (1998 OK AG 45) determined "Oklahoma's Open Meeting Act Does Not Require That Public Bodies, Such as City Councils, Afford Citizens a Right to be Heard at Meetings Conducted Under the Act." The council has the right to limit citizens' comments. Go to Open Meetings The Open Meetings Act (OMA) took effect January 1, 1977. 25 O.S. 0:04. OKLAHOMA CITY --The General Counsel for the Oklahoma Department of Human Services has issued a written response on behalf of the Human Services Commission to Oklahoma County District Attorney David Prater regarding complaints his office received about the Commission's compliance with the Oklahoma Open Meeting Act."We do not believe there have been any violations of the Open Meeting Act and . Accordingly, a private non-profit entity such as OSA would be a public body, and therefore subject to the Open Meeting Act, if it satisfies one of the following conditions: (i) supported in whole or in part by public funds, (ii) entrusted with the expending of public funds, or (iii) the administering of public property. The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations (discussed in more detail below) where the law authorizes the public body to close a meeting. Attorney General Opinion 80-215 is hereby modified to the extent it applied the "decision-making authority" test to private organizations which were not "subordinate entities" as defined in Sanders v. Benton, 579 P.2d 815 (Okla. 1978). High 76F. Wards motion to settle contends the judges ruling in favor of his clients was interpreted that the entire ACCESS Oklahoma Program rollout was improperly launched, it read. While there are times when specific circumstances may reasonably restrict some documentation such as information that is part of an ongoing investigation the standard for conducting public business must always be one of openness and transparency. NOTE: Attorney General Opinions issued for the period 1/01/1963 through 12/31/1976 are in Adobe Acrobat format, and may be searched by the opinion number and headnote search functions. You did discover a lot of information, Oklahoma Attorney General Gentner Drummond told FOX23 in an exclusive interview. The agenda items were void of any description of the routes for which the business being transacted were necessary.. A number of things could happen depending on what the audit does or doesnt find. DREW EDMONDSON Attorney General Of Oklahoma. In that investigation, legal experts told FOX23. Oklahoma Open Meeting Act Office of Attorney General Jan Preslar, Deputy Attorney General There are consequences for willful violations of the Act: Civil Implications: Actions taken in willful violation are invalid. The rules shall include requirements for: Publishing a catalog listing goods and services and jobs that workshops can provide the state, annually; Conducting a minimum of six meetings per year, in compliance with the Oklahoma Open Meeting Act, Section 301 et seq. (Techdirt valiantly tries to cover them here. 2511 0 obj <>stream On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the state's Open Meeting Act. How do I request an Attorney General opinion? The spokesperson said the OTAs ratification action at its January 2023 board meeting sufficiently rehabilitated what the Court found to be deficient.. 313. 2490 0 obj <> endobj These matters include developing and revising policies, approving fundraisers, hiring new employees, approving school . The Oklahoma Open Meeting Act requires that subjects to be discussed be provided to the public as part of agendas posted in advance of meetings. Local attorney Stan Ward is heading back to court on a lawsuit he won against the Oklahoma Turnpike Authority after the agencys attorney refused to sign the final judgment in the case. Mark your calendar and plan to attend. Email notifications are only sent once a day, and only if there are new matching items. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, A number of things could happen depending on what the audit does or doesn. Ward and other attorneys allege the turnpike authority has sought to keep residents in the dark as it sought to get construction started before any legislative action could be taken during the 2023 session. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. As Oklahoma's attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. I believe in leading by example. a5!{: mPeB}. However, opinions that conclude a statute is unconstitutional are advisory only. Generally, public officials are required to act in accordance with an Attorney General opinion unless or until the opinion is set aside by a court. Attorney General opinion regarding the duties of the Office of Management and Enterprise Services (OMES) in acquisitions by state agencies, including whether OMES is required to verify an agencys claim that an acquisition is exempted from requirements of the Central Purchasing Act. 2011-2023 Oklahoma Public Media Exchange, found in violation of the states Open Meeting Act, because of vague wording in its January and February meeting agendas, which authorized key engineering and design contracts for its controversial, A spokesperson for the OTA said it cannot yet comment on the details of that case, but points to a legal move it made last week as well: the OTA. Winds N at 5 to 10 mph. Click here to donate online to support our journalism. FOI Oklahoma appreciates the swift action by both the state legislature and General Hunter to enable public bodies in Oklahoma to continue operating in the midst of this unprecedented public health crisis while maintaining transparency that is so vital to our democracy. If you invalidate the vote of the board that authorized the entry into those contracts, then this amounts to an invalidation of the contracts themselves.. I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. These principles are imperative for citizens to hold their government accountable. District Judge Timothy Olsen granted summary judgment on all counts in the case in which attorneys representing homeowners in the path of a new turnpike alleged the turnpike authority changed agendas to prevent the public from getting details of the ACCESS Oklahoma plan in advance of it being presented to the Oklahoma Turnpike Authority board. 25O.S. Read MoreCarver Middle School hosts its annual Art Gala fundraiser, Oklahoma Natural Gas (ONG) confirms thatapproximately 18 businesses have been evacuated after a leak was found in the area near, East 21st Street and Highway 169. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. All residents have a right to the public records that belong to them. High near 75F. I made it a priority to honor these requests, and my team went to work. The entry states that the actions taken by OTA during those meetings is invalid, and that the rollout of the ACCESS plan is also invalid. W.A. Unfortunately, there have been recent cases in which individuals have had to file lawsuits to get records after state bureaucrats refused to release them. The school board meeting is where school board members discuss and take action on a variety of matters involving the district. "OTA's Board complied with Attorney General opinion 1981 OK AG-214 when it fully reconsidered and voted to approve the contracts pursuant to OMA-compliant agenda items at its Jan. 3 regular . I am pleased to report that backlog has been eliminated, and we have fulfilled more than 34 additional Open Records requests since my taking office. Read MoreMay is Tulsas wettest month with the highest risk of tornadoes, The Carver Middle School art program, located in Tulsa, hosted its annual Art Gala at the Greenwood Gallery on Monday. Plaintiffs new demand is an abuse of the judicial system in order to improperly threaten and pressure public officials and its consultants to stop a much-needed public transportation improvement and expansion project, the spokesperson said. Anyone who deals directly with open meetings and records will benefit from this opportunity to discuss those issues with General Counsel to the Attorney General. Business to be transacted as meaning all matters to be discussed at a meeting of a public body must be listed on the agenda for the meeting, he argued in the motion. Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. , __ __ Section 24A.1 et seq. When I was sworn in Jan. 9, the Office of Attorney General had a backlog of 66 Open Records requests dating back years. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. The Oklahoma open meetings and open records act help make the work of the state transparent. 4/25/2023Register now for 2023 Convention, 4/19/2023April Publisher available to download, 3/23/2023Free & Low-Cost Training from Poynter, 5/4/2023Oklahoma Journalism Hall of Fame Induction, 5/11/2023NA Webinar: Become a Photoshop Guru in 90 minutes, 5/11/2023OMC Webinar: Accurately and Ethically Report on Addiction, Membership Management Software Powered by, Oklahoma Journalism Hall of Fame Induction, NA Webinar: Become a Photoshop Guru in 90 minutes, OMC Webinar: Accurately and Ethically Report on Addiction. the OTA willfully violated Oklahoma's Open Meeting Act in a vote it took related to it's $5 billion dollar access Oklahoma Turnpike Expansion plan. Sunny. Ask about the reason for the request to determine if a search fee should be charged because the request is for a commercial purpose. I look forward this week, and throughout the year, to working with other elected officials, civic groups, the news media and members of the public to cast a light on meetings and records lawfully required to be open.

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