Open Records Act - PowerPoint Presentation

Slide1

Open Records Act 51 O.S. Sec. 24A.1

The BasicsSlide2

General Principals

For most public bodies, all records are available to the public, unless expressly restricted.

Police, Law, Information Systems, and Health, all records are presumed restricted unless expressly opened.

Does not create Rights of PrivacySlide3

Definitions

Record means all:

Documents

Film

Data Files

RecordingsPublic BodyVirtually any gov. other than judges & state legislatureSupported by/entrusted with Public Funds

Excluded from Def.

Software

Personal effects

Personal Financial Information

State Transportation

State Tourism

Some

DPS

& DODSlide4

Record Keeping Requirements24A.4

Receipt and Expenditure of all public funds on all financial or business transactions

No other requirements to create (x2)

Once created, can destroy after appropriate time set by other law.Slide5

Confidential Materials (Sec. 24.A5)

Anything protected by an evidentiary privilege

Personal information on driving records

Lawful Executive Sessions

Board of Medicolegal investigations

What other laws make confidentialMixed materials

Delete the confidential material

OSBI and DPS special rules

Open materials copied in the form in which they are kept – no requirement to processSlide6

Fees and costs

<=25 cents/page up to 8 ½ by 14

<=$1.00/ page certified

IFF request is commercial (but not news media) or causes excessive disruption, then reasonable fee to cover direct costs of

search

Fees must be posted-Office/county clerkNo search fee if release in the public interest – Media, Scholars, authors, and possibly some taxpayersSlide7

PART TIME GOVERNMENT OFFICES

A. If a public body or its office does not have regular business hours of at least thirty (30) hours a week, the public body shall post and maintain a written notice at its principal office and with the county clerk where the public body is located which notice shall:

1. Designate the days of the week when records are available for inspection, copying or mechanical reproduction;

2. Set forth the name, mailing address, and telephone number of the individual in charge of the records; and

3. Describe in detail the procedures for obtaining access to the records at least two days of the week, excluding Sunday.

B. The person requesting the record and the person authorized to release the records of the public body may agree to inspection, copying, or mechanical reproduction on a day and at a time other than that designated in the notice.Slide8

Government must provide

Prompt, reasonable access to copies

At least one responsible person at all regular business hours (special rules for office open < 30 hours/week)

Procedures to protect the integrity of the records

Not required to allow direct and unsupervised access to originals

Notice to private parties with an affected interestSlide9

Personnel Records

Exclude

Internal Applications

Selection criteria and materials

Evaluations

Payroll deductionsApplications of those not hired

Home address, phone, Soc. Sec.

# (24A.7)

Open

Applications of employees and dates

Gross receipts of public funds

Final disciplinary action*

Employee gets everything in own file**Slide10

Law enforcement records – confidential (24A.8) except only:

Arrestee name and description

Facts of arrest/officer

Chronological incident list

Radio logs

Conviction informationWarrant dispositionCrime summariesJail registers

DOC releases sex offender registries

CLEAT and DPS have some additional rules

Court ordered releaseSlide11

The following are not open records:

Personal notes of a public officer, at least prior to taking any action or making a report (budget requests are open) (24A.9)

Research materials

Customer credit/banking data (but not cust. Addresses, rates, charges, $ of Utilities)

Federal records in local hands (24A.13)

Bid Specs. Prior to bidding 24A.10

Contents of sealed bids

Software (but not data)

Appraisals prior to award of contract

Prospective locations of private businesses (but not permits data)

Library, archive, museum – condition of gifts

Copyrighted material

OK. Med. Center-Market Research and Marketing Plans 24A.10aSlide12

Attorney General, District Attorney, Municipal Attorney

Litigation

files

Work Product

Potential witnesses and exhibits (other law differs)

Tactical issues and Strategic issuesSettlements NOT protected: No confidentiality unless by Court order.

Investigatory

files

Tort claims

Personnel issues

Note - public records do not become private by being sent to the attorney, just get them from the source department. (24A.20)Slide13

Petition for redress - Confidential

Personal communications

Received by an official

Person Exercising constitutional rights

Identity of petitioner*

However, may revealCommunication receivedWas/was not a complaintOfficial response*Slide14

Special Rules – 24.A15 TO 24.A26

Department of Agriculture

Educational institutions

CLEAT, DPS, DOC

State Board of Regents

Corporation CommissionDepartment of WildlifeOffice of Juvenile OversightIntergovernmental Insurance Pools

Governments owned technology or current research

Office of Juvenile Oversight

Insurance PoolsSlide15

Exemptions from Disclosure (24A.27)

Vulnerability Assess. Water/Waste Water

Investigation of Terrorism (x2)

Vulnerability Asses. All public facilities

Deterrence and prevention - terrorism

Response and remediation – terrorismIT info. (x7)

Homeland Security Record (state and fed)

Grant records and financial records openSlide16

Governmentally Owned Utilities

Must provide public access to the address, rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment, the name of the person that authorized the adjustment, and payment for each customer

May keep confidential credit information, credit card numbers, telephone numbers, social security numbers, bank account information for individual customers

May keep confidential utility supply and utility equipment supply contracts for any industrial customer with a connected electric load in excess of two thousand five hundred (2,500) kilowatts if public access to such contracts would give an unfair advantage to competitors of the customer. Slide17

Non-government Owned Utilities

A. The Corporation Commission shall keep confidential those records of a public utility, its affiliates, suppliers and customers which the Commission determines are confidential books and records or trade secrets.

B. As used in this section, “public utility” means any entity regulated by the Corporation Commission, owning or operating for compensation in this state equipment or facilities for:

1. Producing, generating, transmitting, distributing, selling or furnishing electricity;

2. The conveyance, transmission, or reception of communication over a telephone system; or

3. Transmitting directly or indirectly or distributing combustible hydrocarbon natural or synthetic natural gas for sale to the public.

See 24A.2

Note that this expressly does not cover Government Owned UtilitiesSlide18

Information re: terrorism (24A.28)

Investigations

Vulnerability assessments

Deterrence/protection

Response/remediation

Related IT informationHomeland Security informationGrants and financial information is openSlide19

Penalties for violations –24A.17

Criminal misdemeanor

Fine <= $500.00

Jail <= 1 year

both

CivilDeclaratory reliefInjunctive reliefAttorney feesNote, there is no liability to anyone for properly allowing access

Officials recover atty.fees only for frivolous suitSlide20

Judicial Protective Orders Possible

Many rules and copies may be modified to delete confidential information, but official records will not be altered or amended.

24A.29