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. 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. 0 But lawyers Stan Ward, Alexey Tarasov and Richard Lebarthe the team that won the Open Meeting case said contract payments that had already been made cant be ratified because the contracts themselves were voided by the courts decision. All rights reserved. Attorney Stan Ward filed the latest. All residents have a right to the public records that belong to them. You have permission to edit this article. "Meeting" Defined 25 O.S. Oklahoma's Open Meetings Act (25 O.S. hTO[U?- %PDF-1.5 % 2490 0 obj <> endobj 201 N.E. These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. 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. %%EOF These principles are imperative for citizens to hold their government accountable. All workshops are FREE to attend and no registration is required. Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. Office of the Oklahoma Attorney General 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 Oklahoma's Open Meeting and Records Acts. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. 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. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? 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. For more information, emaillsutliff@okpress.com. W.A. 2:08. More:Journalist sues Oklahoma governor, attorney general over records request delays. DREW EDMONDSON Attorney General Of Oklahoma. a5!{: mPeB}. 313. Read the reports and hear the stories onNPR member stations. Transportation spokeswoman Brenda Perry-Clark said the judge's decision was being evaluated after the ruling came out about 4:30 p.m. Thursday. 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. PDF Oklahoma Open Meeting Act: The Basics - Lawton Fort Sill Chamber Defendants desire to exclude ACCESS Oklahoma from the scope of Opinion is not only tone-deaf and atrocious public policy, it flouts the Courts unmistakable intention, the motion read. As Oklahoma's attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. Title 25, Section 307(B)(1) of the Oklahoma Open Meeting Act provides that public bodies may hold executive sessions to discuss certain subjects involving an" individual salaried public officer or employee." StateImpact Oklahoma is a partnership among Oklahomas public radio stations and relies on contributions from readers and listeners to fulfill its mission of public service to Oklahoma and beyond. State and local government records are open only to Oklahoma taxpayers. Alexander Sweet sentenced to life in federal prison, Lake Eufaula's Hobbit House prepares to take reservations, Authorities find 8 bodies in Mexican resort of Cancun. "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.". 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. )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 . (Techdirt valiantly tries to cover them here. Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer. A number of things could happen depending on what the audit does or doesnt find. 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)! When I was sworn in Jan. 9, the Office of Attorney General had a backlog of 66 Open Records requests dating back years. 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. 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.. 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. 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. Reserve your copy of the brand new 23rd edition, which will be available in mid- to late September, at our online store. A willful violation means business conducted during those meetings is invalid, Ward said at the time. 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. 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. Open Meetings Act - Oklahoma Policy Institute How could one ratify payments that were made pursuant to contracts that have been invalidated? 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. Such reconsideration, of course, must be done in compliance with the Act., That decision also reads, the word willful in [state law] does not require a showing of bad faith, malice or wantonness, and includes unintentional violations.. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. 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. Oklahoma turnpike expansion in question after judge's ruling Because Whaley refused to sign it, a hearing for a motion to settle the entry must take place, Labarthe said. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. Opinion No. 05-29, Opinion No. 05-29 (2005) | Casetext Search + Citator 313 Minutes of an Executive Session will be made public where the Open Meeting Act is willfully violated. For the OTA to say that there was reliance [on legal counsel] now would go against what they disclosed to us in the previous lawsuit, Tarasov said. Opinions You are entitled to inspect most public records as promptly as possible. OTAs 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 meeting, the email reads. Open Meeting, Open Records Seminars - Oklahoma Press Association Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. "The Oklahoma Turnpike Authority has always endeavored to conduct its statutory mission to construct, operate, repair and maintain turnpike projects in an open and transparent manner," Perry-Clark said. That decision also reads, the word willful in [, ] does not require a showing of bad faith, malice or wantonness, and includes unintentional violations., OTAs Board complied with Attorney General opinion. 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. Oklahoma Attorney General's Opinions : Cite: Name: Level : 2001 OK AG 7, Question Submitted by: Jerry Regier, Acting Director, Dept of Health and Secretary of . Evidence presented of the meetings act violation included depositions of board members, including turnpike board chairman Gene Love, that said they did not know details of ACCESS Oklahoma or the new turnpikes until the Feb. 22 meeting. 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. Lawyers allege improper handling of ACCESS turnpike project payments It's The Law "Oklahoma Open Meeting Act" 25 O.S. 25 O.S. Oklahoma AG: It's time to shine a light on open government Jf^@V=j,L3(ZAeg4sFqaeAFt6A-!Q2~9=(}{9s~ ?j648u#`? There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. Winds N at 5 to 10 mph.. A mostly clear sky. The appeal challenges several of the courts findings, including that it had willfully violated the Act, and that its agenda items lacked sufficient details. Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. What is the process for issuing an Attorney General opinion. A husband's dread during an abortion ordeal in Oklahoma. Sign up now to get our FREE breaking news coverage delivered right to your inbox. 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. 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. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. 2511 0 obj <>stream StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. 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). Read MoreVigil held in Henryetta after seven bodies found, The City of Broken Arrow held a groundbreaking ceremony on Monday for the start of construction on its 40-plus-acre Elam Park. 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. 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 . How do I request an Attorney General opinion? On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the state's Open Meeting Act. Winds N at 5 to 10 mph. that relates to these laws. 304(2) When conducting business of public body By a majority of its members Being personally together, OR, by teleconference, as authorized by 307.1 NOTE: a"meeting"doesnotincludeinformalgatheringsofamajorityofmemberswhennobusinessofthepublicbodyisbeingdiscussed. 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. The agency subsequently paused all operations for the ACCESS project on Dec. 8. For the first time in five years since being accused of murder and child abuse, a Broken Arrow couple stepped into the courtroom as plaintiffs and not as defendants. Opinion No. 02-37, Opinion No. 02-37 (2002) - Casetext Zoom Meetings Not A Violation Of Open Meeting Law, AG's Office Says 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 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. 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. Regardless, the good faith defense doesnt apply to outside entities like engineering firms, so theyre liable for the funds, Tarasov said. The email cites an attorney general decision from 1981: If a public body concludes that it may have violated the provisions of the Open Meeting Act in a willful manner, the public body must fully reconsider those manners acted upon in violation of the Act. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". No one should have to resort to litigation to obtain a public record. A map showing proposed turnpike routes for the ACCESS Oklahoma Turnpike project. Go to Open Meetings The Open Meetings Act (OMA) took effect January 1, 1977. 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.. If the agenda for the public meeting states that the comments be limited to items on the agenda, any interview questions would be outside the scope of the agenda and in violation of the Oklahoma Open Meeting Act. 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." 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. It doesnt matter whether youre a news reporter or an interested resident. PDF Oklahoma Open Meeting Act 18b (A(5)) provides the following language: The duties of the Attorney General as the chief law officer of the state shall be To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested. All residents have a right to the public records that belong to them. Labarthe filed the motion Friday with the Cleveland County Court Clerk. That there was not a full and complete record and transparency.. Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. When you check in at a seminar, confirm that you complete the required CE form to receive credit. Case history Following the judge's ruling in Dec. 2020, Cleveland County Sheriff Chris Amason asked the Oklahoma State Bureau of Investigation to determine if there was a criminal violation of. 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. AG Opinion 2022-6 November 16, 2022 Here's your chance. The book also includes a plain-English digest of every court ruling and attorney general opinion "Hopefully he will look at this very seriously," Ward said. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the states Open Meeting Act. Transparency in State Government | Oklahoma Attorney General It is my honor to help lead the fight for a state government that conducts itself openly and honestly, and to encourage all public officials to be accountable to the people of Oklahoma. 25O.S. 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. StateImpact Oklahoma reports on energy and the environment, education, health, criminaljustice, and the intersection of government and everyday Oklahomans. Gentner Drummond is the attorney general of Oklahoma. Because the public body may not take action in the executive session, the minutes will show how the public body disposes of each matter discussed upon its return to the public session of the meeting. Those documents can be accessed below, along with a copy of the final bill language. call for an audit of the Oklahoma Turnpike Authority. Other non-council meetings such as the PWA are not included in the computation. 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. 'I'll lose my family.' A husband's dread during an abortion ordeal in , __ __ Section 24A.1 et seq. 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. "It seems as if we prosecute some crimes more vigorously than we prosecute others.". The STOP CSAM Act: An Anti-Encryption Stalking Horse If there is a defect in contract formation and a contract is null and void, there could not be any payment under that contract, said Tarasov. a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority", Information provided to the public such as what you. of this title shall be known and may be cited as the "Oklahoma Open Records Act". 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. More:Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan. FOX23 also uncovered an email warning project leaders to explicitly state the existing stretch of the Gilcrease Expressway in Berryhill would become tolled on some public meeting flyersbut the actual flyers never said it. Thats not just my opinion; its the law. hbbd```b``/dN )$`# F{ c #'HhQ? Enid September 26Autry Technology Center-WebsiteRoom 201 -Campus Map1201 W. WillowEnid, OK 73703Google Maps directions to this location, Tulsa October 3OSU - Tulsa-WebsiteConference Center/Administration HallRoom: Auditorium -Campus map700 N. Greenwood Ave.Tulsa, OK 74106Google Maps directions to this location, McAlester October 17Eastern Oklahoma State College(McAlester campus) -WebsiteClark Bass BuildingRoom: 215, Conference Center -Campus Map1802 E College AveMcAlester, OK 74501Google Maps directions to this location, Lawton October 24Cameron University-WebsiteMcMahon Centennial ComplexMcCasland Foundation Ballroom -Campus map501 SW University DriveLawton, OK 73505Google Maps directions to this location, Oklahoma City November 14Metro Tech Conference Center-WebsiteBusiness Conference CenterRoom: Auditorium - Campus map1900 Springlake DriveOklahoma City, OK 73111-5240Google Maps directions to this location. 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. Winds ENE at 5 to 10 mph. the Open Meeting Act and Open Records Act, plus it's updated annually after each State legislative session. Attorney General clarifies changes to Open Meeting Act 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. endstream endobj startxref Stan Ward, attorney for the opposition group PIKE OFF, said the ruling will force the turnpike authority to start the process from scratch and that all decisions since Feb. 22, including the engineering contracts, are invalid. Read MoreCity of Broken Arrow begins construction at Elam Park, OKMULGEE COUNTY, Okla. On Monday afternoon, an emergency alert was issued for two missing and endangered girls out of Okmulgee County. Oklahoma Attorney General Opinion 02-26. 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 2023 www.oklahoman.com. 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. We think this is the most dollar amount ever considered in the context of an open meeting case, he said. 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. There was a problem saving your notification. PDF First Amendment Audit Guidelines - Oklahoma UPDATED: Canadian County prosecutor won't charge city with crime for 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. Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. Open Meetings Act Training | Office of the Attorney General More:This attorney has become a 'valuable tool' for journalists fighting for public records. In the document, Ward disagrees with the argument that the directors report was irrelevant to the case, citing a 1981 Oklahoma Attorney General opinion that defined business on an agenda. New lawsuit: Over $42 million unlawfully spent by OTA 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.