The book also includes a plain-English digest of every court ruling and attorney general opinion 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. 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. 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. 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. 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. 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. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the state's Open Meeting Act. You are entitled to inspect most public records as promptly as possible. 0 Read More7 bodies found near Henryetta. I made it a priority to honor these requests, and my team went to work. 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. 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. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. These matters include developing and revising policies, approving fundraisers, hiring new employees, approving school . A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. The OTA knew the general routes of the turnpike plan for ACCESS Oklahoma before the Feb. 22, 2022, meeting. 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. Read the reports and hear the stories onNPR member stations. The appeal cites several. 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. EXCLUSIVE: Drummond says FOX23 Investigation, judges ruling key in call for OTA audit, 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, 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 flyers, The FOX23 Investigation also uncovered records of a behind-closed-doors meeting where officials came up with solutions to do away with the toll. Attorney General opinion regarding whether Oklahoma law allows a company to sell its own real estate without having to obtain a real estate license. W.A. 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." Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. All residents have a right to the public records that belong to them. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. 74 O.S. 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. How do I request an Attorney General opinion? Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. 25 O.S. 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. 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. PRESENTED BY: 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. We directly asked whether there was any reliance on the opinion of the legal counsel in voting on those agenda items.. Winds NE at 5 to 10 mph.. Continuing education credit hours are available from the following groups. 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. 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 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. StateImpact Oklahoma reports on energy and the environment, education, health, criminaljustice, and the intersection of government and everyday Oklahomans. Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. DEBRA SCHWARTZ Assistant Attorney General. No one should have to resort to litigation to obtain a public record. Those documents can be accessed below, along with a copy of the final bill language. Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. Under the Open Meeting Law, the public is. 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. )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 . Because Whaley refused to sign it, a hearing for a motion to settle the entry must take place, Labarthe said. 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. 25O.S. The Legislature has declared open meetings to be the policy of the State: "In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public." 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. 201 N.E. Unfortunately, there have been recent cases in which individuals have had to file lawsuits to get records after state bureaucrats refused to release them. 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." 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. The 22nd edition is available now and includes updates from the 2020 and 2021 legislative sessions. It doesnt matter whether youre a news reporter or an interested resident. One function of the Attorney General is to issue opinions to legislators and other state officers regarding questions of law in which the officer is officially interested. 2490 0 obj <> endobj 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. Ive talked to several residents in the Berryhill district that feel as though there was a bait and switch, Drummond said. That there was not a full and complete record and transparency.. of this title shall be known and may be cited as the "Oklahoma Open Records Act". "I was like, 'Well, that's not going to affect me. 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. The spokesperson said the OTAs ratification action at its January 2023 board meeting sufficiently rehabilitated what the Court found to be deficient.. Oklahoma Attorney General Opinion 02-26. 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. The school board meeting is where school board members discuss and take action on a variety of matters involving the district. call for an audit of the Oklahoma Turnpike Authority. A map showing proposed turnpike routes for the ACCESS Oklahoma Turnpike project. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. Your municipal attorney is your legal advisor. A public body may voluntarily choose to allow public comment. Come join the team at the Oklahoma Office of the Attorney General! It's The Law "Oklahoma Open Meeting Act" 25 O.S. Attorney General opinion regarding the constitutionality of three statutes relating to the alcoholic beverage supply chain and the prohibition against common ownership in the separate tiers of the supply chain set out in the state constitution. Under the Open Records Act, government agencies may NOT do which of the following? All residents have a right to the public records that belong to them. 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. A number of things could happen depending on what the audit does or doesnt find. 313. For more information, emaillsutliff@okpress.com. The Oklahoma Open Meeting Act, 25 O.S. Intervals of clouds and sunshine. 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. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. The turnpike authority was still going through the order late Thursday and could not answer whether it means work will be put on hold or whether the order will be appealed. 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. The appeal challenges several of the courts findings, including that it had willfully violated the Act, and that its agenda items lacked sufficient details. endstream endobj startxref The Oklahoma open meetings and open records act help make the work of the state transparent. 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)! 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.. Judge rules Oklahoma Turnpike Authority 'willfully' violated open meetings law, This attorney has become a 'valuable tool' for journalists fighting for public records, Journalist sues Oklahoma governor, attorney general over records request delays, Your California Privacy Rights/Privacy Policy. 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. 304(2). Note: This post was updated on March 27, 2020 to include the FAQ #2 at the time it was released by the Attorney General. But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. When I was sworn in Jan. 9, the Office of Attorney General had a backlog of 66 Open Records requests dating back years. 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 . In that investigation, legal experts told FOX23. 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. Low 52F. 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. Labarthe filed the motion Friday with the Cleveland County Court Clerk. 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.. Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer. The school board meeting is the most important event in the administration of public schools. Ask about the reason for the request to determine if a search fee should be charged because the request is for a commercial purpose. Stitt bans medical gender transition procedures for minors in Oklahoma, May is Tulsas wettest month with the highest risk of tornadoes, Carver Middle School hosts its annual Art Gala fundraiser, Repairs made after around 18 business evacuated in east Tulsa due to a gas leak, Vigil held in Henryetta after seven bodies found, City of Broken Arrow begins construction at Elam Park, Two missing girls were suspected to be with convicted rapist. And its important that it not be swept under the rug and not mischaracterize what Olsen said in his ruling. In an exclusive investigation earlier this month, FOX23 uncovered records of backroom conversations, ignored warnings, and a behind-closed door meeting between OTA officials and other Tulsa-area leaders about the controversial project to toll a once-free portion of the Gilcrease Expressway west of Tulsa. 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. Under the Act, agendas for regular and special meetings must be posted in a publicly-accessible location for at least . 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. 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. 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. Gentner Drummond is the attorney general of Oklahoma. 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. 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. Tarasov said the OTAs defense that payments to contractors were done in good faith that is, relying on advice from an organizations legal counsel may absolve the officers involved with giving away agency funds. 2023 www.oklahoman.com. This can be done many ways. Openness and transparency are among the hallmarks of our nation and its government created of the people, by the people and for the people. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. All workshops are FREE to attend and no registration is required. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. 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. 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. 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. Jf^@V=j,L3(ZAeg4sFqaeAFt6A-!Q2~9=(}{9s~ ?j648u#`? It includes the complete text 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 . "It seems as if we prosecute some crimes more vigorously than we prosecute others.". When you check in at a seminar, confirm that you complete the required CE form to receive credit. It turns out another legal expert was watching the story. All rights reserved. "The OTA first announced the $5 billion long-range turnpike expansion and improvement plan at the Dec. 7, 2021, board meeting, and thereafter made OTA representatives available to the media in order to publicize the announcement as much as possible," Perry-Clark said. Read MoreVigil held in Henryetta after seven bodies found, The City of Broken Arrow held a groundbreaking ceremony on Monday for the start of construction on its 40-plus-acre Elam Park. In December, the OTA was found in violation of the states Open Meeting Act because of vague wording in its January and February meeting agendas, which authorized key engineering and design contracts for its controversial ACCESS Oklahoma project. 1991 and Supp.1998, 301 - 314, generally requires that public bodies, which come under the Act, hold meetings open to the public with advance public notice of the time and place of the meeting and the matters to be considered on the agenda. A local attorney who sued the Oklahoma Turnpike Authority for Open Meeting Act violations and won is now suing the agency and its contractors. Attorney General opinion regarding the duties of the Office of Management and Enterprise Services (OMES) in acquisitions by state agencies, including whether OMES is required to verify an agencys claim that an acquisition is exempted from requirements of the Central Purchasing Act. I believe in leading by example. hbbd```b``/dN )$`# F{ c #'HhQ? Electronic and Telephonic Communications in their opinion, it's possible the turnpike authority violated the state's open meeting act. You did discover a lot of information, Oklahoma Attorney General Gentner Drummond told FOX23 in an exclusive interview. State and local government records are open only to Oklahoma taxpayers. What is the process for issuing an Attorney General opinion. StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. The turnpike authority also purchased several homes in the path of the proposed Norman area turnpikes. Earlier this month, Ward won a case on behalf of 260 plaintiffs who said OTA violated Oklahomas Open Meeting Act when it failed to sufficiently inform the public of a plan to expand the states toll road system on its January and February meeting agendas. 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. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? 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. 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. 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. Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. Click here to donate online to support our journalism. Sunny. , __ __ Section 24A.1 et seq. Julie Pittman, General Counsel and Thomas Schneider, Deputy General CounselOffice of the Oklahoma Attorney General. 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. 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. Plaintiffs request the Court to set this matter for hearing at its earliest opportunity so a journal entry may be entered.. 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. 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. 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 District Attorney, District 22 P.O. A. 25 O.S. There was a problem saving your notification. As Oklahomas attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. Partly cloudy early with increasing clouds overnight. 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. 0:04. They should have entered into brand new contracts with companies in compliance with the Open Meeting Act.. Seminole County District Judge Timothy L. Olsen on Dec. 1 ruled in favor of Wards clients, stating notices of meetings of public bodies which are deceptively vague and likely to mislead constitute a willful violation.. "As Attorney General, I will demand transparency. ", Broken Arrow couple wrongfully accused in death of one grandson suing guardian of other grandson, Victim in soliciting case says McFadden texted her night before 7 bodies were found, Tragic end to an Amber Alert after 7 bodies found on Henryetta property, Rogers County Sheriff's Office announces name of new K-9, Gov. 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. 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. 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. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. This upcoming week is Sunshine Week, an annual celebration of access to public information and open government. It OTA disputes that, then they take it up on appeal. Reserve your copy of the brand new 23rd edition, which will be available in mid- to late September, at our online store. Winds ENE at 5 to 10 mph. The Oklahoman requested details of the plan but did not get them until they were presented at the turnpike authority's board meeting on Feb. 22. of Title 25 of the Oklahoma Statutes; 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. Oklahoma's Open Meetings Act (25 O.S. 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. 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. 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. 25 O.S. that relates to these laws. The 22nd edition is available . 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. 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. Low around 45F. That judge in Cleveland County ruled last fall 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. 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 future of the Oklahoma Turnpike Authority's $5 billion ACCESS Oklahoma plan is in question following a ruling the agency "willfully" violated the Oklahoma Open Meeting Act . Oklahoma Open Records Act Section 24A.1 - Short Title Cite as: O.S. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said.