Oklahoma

Open Government Guide

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Author

RCFP Local Legal Initiative attorney Kathryn E. Gardner updated this chapter in November 2021, with special thanks and gratitude to David McCullough, the original author, who passed away in 2020.

Any person has the right to access and review government records. 51 O.S. § 24A.2. The Act does not limit access based on the purpose for which the documents are sought, nor does it restrict future use of the information received. State agencies may not require that a requester enter into a written contract to obtain public records. 1999 OK AG 55.

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5. Multi-state or regional bodies

If they have a connection with the transaction of public business, the expenditure of public funds or the administering of public property, they are covered under the Act. 51 O.S. § 24A.3(2). An entity formed by multiple counties pursuant to statutory authorization and performing a delegated function, such as self-insurance, which would otherwise be done by the individual counties and which receives funding from such county governments is subject to the Act. 1999 OK AG 37.

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6. Advisory boards and commissions, quasi-governmental entities

If they have a connection with the transaction of public business, the expenditure of public funds or the administering of public property, they are covered under the Act. 51 O.S. § 24A.3(2). The Grand River Dam Authority Lakes Advisory Commission, created to advise the GRDA and to provide a list of names from which the governor must appoint as a GRDA Board member, is subject to the Act. 2002 OK AG 44. The Silver Hair Legislature, composed of citizens who meet annually at the state capitol to discuss issues pertaining to senior citizens, is covered by the Act. 2002 OK AG 42.

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7. Others

If they have a connection with the transaction of public business, the expenditure of public funds or the administering of public property, they are covered under the Act. 51 O.S. § 24A.3(2).

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“Record” is defined in the Act as “all documents . . . regardless of physical form or characteristic . . . .” 51 O.S. § 24A.3(1); see also 2001 OK AG 46 (“If the document is created in connection with the transaction of public business, the expenditure of public funds or the administering of public property, it is a ‘record’ and is therefore subject to the Open Records Act. This is true without regard to the physical characteristics of the document.”); Fabian & Assoc., PC v. State ex rel. Dep’t of Public Safety, 2004 OK 67 (the statutory definition “includes any method of memorializing information”). The Attorney General has stated that the public’s right of access to the records at times must be balanced against the obligation of an agency to protect records from destruction or alteration. 85 OK AG 36. The Attorney General found that the public body must have a system with an environment that permits electronic access and also protects the integrity of the records. Further, if the public body cannot provide the record in an electronic format and protect confidential information in the record, then the agency must provide the record in a format in which the confidential information can be redacted. 2001 OK AG 46.

If a public body contracts with a private vendor to provide electronic access to and reproduction of the public body’s records at another location or through the internet, it is still required to provide access to its records for inspection, copying, or mechanical reproduction at the public body’s office in either original or approved duplicated format. If the public body has more than one office location, its records must be maintained and made available to the public at the office where the records are located in the ordinary course of business. 2005 OK AG 3.

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d. Online dissemination

Not specifically addressed.

5. Have agencies imposed prohibitive fees to discourage requesters?

The setting of fees for the purpose of discouraging a request for information or as an obstacle to disclosure of requested information is a violation of the Act and the party may be civilly or criminally liable. 51 O.S. §§ 24A.5(4), 24A.17(A). However, prohibitive fees were such a problem that the Attorney General circulated a letter to all public bodies warning that some excessive fees have been charged and that a fee of no more than 25 cents per page should be assessed. The problem with excessive or non-uniform fees was addressed by the legislature when it established a cap on the cost per page. See Transportation Information Services Inc. v. Oklahoma Dep’t of Corrections, 1998 OK 108, 970 P.2d 166 (fact that one state agency by statute may charge $15 per record for a similar request does not justify second state agency from providing similar records at cost).

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6. Fees for electronic records

Charges for providing copies of electronic data to the news media for a news purpose shall not exceed the direct cost of making the copy. 51 O.S. § 24A.5(4). A public body may not charge a per-page fee for electronic records kept in a computer-readable format. 2005 OK AG 21.

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E. Who enforces the Act?

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1. Attorney General's role

The Attorney General is not directly involved in criminal or civil enforcement of the Act. The Attorney General will issue opinions on specific questions concerning the application of the Act. Once these opinions are issued, covered agencies must act consistent with the opinion.

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2. Availability of an ombudsman

None.

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A. Exemptions in the open records statute

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1. Character of exemptions

More than twenty specific exemptions are recognized within the Act. 51 O.S. §§ 24A.7–24A.33. The public body claiming an exemption has the burden of establishing the applicability of the exemption. Citizens Against Taxpayer Abuse, Inc. v. City of Oklahoma City, 2003 OK 65.

All the exemptions are discretionary. A public body or public official is not civilly liable for damages for providing access to records. 51 O.S. § 24A.17(D).

The Oklahoma Open Records Act bears little resemblance, if any, to the federal Freedom of Information Act. Most importantly, it does not contain a corresponding Privacy Act.

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2. Discussion of each exemption

Personnel records.May be kept confidential if they relate to internal personnel investigations or where disclosure would constitute a clearly unwarranted invasion of the personal privacy of the employee. Also, any college transcripts contained in the files are confidential except as to the degree obtained and the curriculum on the transcripts of certified public employees. The home address, telephone number and Social Security number of any current or former employee shall be kept confidential. 51 O.S. § 24A.7; see also 1999 OK AG 30. The Oklahoma Attorney General has concluded that a public body has the discretion to determine whether disclosing a personnel record indicating the date of birth of an employee is an unwarranted invasion of personal privacy. 2009 OK AG 3. However, the Oklahoma Supreme Court has held that releasing the birth dates and employee identification numbers of state employees would constitute a clearly unwarranted invasion of personal privacy. Okla. Public Employees Assoc. v. State ex rel Okla. Office of Personnel Management, 2011 OK 68. Further, when an employee of a public body has been placed on administrative leave with pay, the public body may keep the employee’s name confidential, provided that placement on administrative leave with pay does not represent a final disciplinary action. 2009 OK AG 33.
Law enforcement records.May be kept confidential if they do not fit into the ten specific categories of records to be made available for public inspection or if they are not made open by other state or local laws. 51 O.S. § 24A.8(A)(1)–(10). Access to the records may be denied unless the Court finds a public interest or individual interest outweighs the reason for denial. 51 O.S. § 24A.8(A)–(D). Registration maintained by the Department of Corrections pursuant to the Sex Offenders’ Registration Act are open to public inspection. 51 O.S. § 24A.8(D), see also 57 O.S. § 584(E)–(F). The Council on Law Enforcement Education and Training (CLEET) maintains confidential records related to law enforcement officers subject to few exceptions. 51 O.S. § 24A.8(E). Oklahoma Highway Patrol (OHP) records related to things like training, procedures of a tactical nature, radio log information, etc. are confidential. 51 O.S. § 24A.8(F).
Personal notes.Notes prepared as an aid to memory or research leading to adoption or implementation of a public act may be kept confidential prior to the time the action is taken. However, if the materials are part of a departmental budget request the exemption does not apply. 51 O.S. § 24A.9.
Bids, appraisals, etc.Bid specifications, contents of sealed bids, computer programs, appraisals of real estate and prospective locations of private business or industry may be kept confidential if disclosure would give an unfair advantage to competitors or bidders. This does not include records which would otherwise be open to inspection such as applications for permits or licenses. 51 O.S. § 24A.10(A)–(B). The Oklahoma Department of Commerce, the Oklahoma Department of Career and Technology Education, the technology center school districts, the Oklahoma Film and Music, and institutions within the Higher Education system may keep much of their activities confidential. 51 O.S. § 24A.10(C). A public body that performs billing or collection services for a utility regulated by the Corporation Commission may keep confidential any customer or individual payment data obtained or created by the public body. 51 O.S. § 24A.10(D).
Market research and marketing plans. The Oklahoma Medical Center may keep confidential certain market research and marketing plans if disclosure would give an unfair advantage to competitors of the center. 51 O.S. § 24A.10a.
Library archive or museum materials.Donated materials may be kept confidential if the donor has imposed limitations. The identity of the individual may be kept secret if anonymity is a condition of the donation. See 2002 OK AG 27. However, if a tax deduction is claimed with the donation, the public body must make available the date of the donation, the appraised value claimed for the donation for tax purposes and a general discussion of the materials donated. 51 O.S. § 24A.11.
Litigation and investigatory files.The Oklahoma Attorney General, District Attorneys and Municipal Attorneys may keep litigation files confidential. 51 O.S. § 24A.12. A district attorney may keep confidential records contained in litigation files. 1999 OK AG 58. However, access to a document that would otherwise be available for inspection and copying cannot be denied because a public official or agency has taken possession of the document and placed it in a litigation file. 51 O.S. § 24A.20.
Federal records. Records coming into possession of a public body either from a federal agency or as a result of federal legislation may be kept confidential to the extent required under federal law. 51 O.S. § 24A.13. Nursing registry information required to be compiled by federal law is exempt from disclosure under the Act. 2001 OK AG 7.
Communications Received by Public Official. Personal communications made to a public official by a person exercising a state or federal constitutional right may be kept confidential except that the public official must acknowledge receipt of the communication and whether the communication is or is not a complaint. The rights secured relate only to those associated with the government’s power to redress grievances. 1988 OK AG 86. Any official response may be kept confidential only to the extent necessary to protect the individual’s identity. 51 O.S. § 24A.14. Further, records created by a public body after receipt of the complaint must be open to the public for review with the public body taking whatever steps are necessary to protect the identity of the complainant. Bd. of Med. Licensure v. Miglaccio, 1996 OK CIV APP 37. The Oklahoma Attorney General has also determined that a written request for the issuance of a formal written Attorney General Opinion made by a member of the Legislature or another public official is a record under the Act and must be made available upon request. 2015 OK AG 3.
Crop and livestock reports.Reports provided by farmers, ranchers and agribusinesses to the Division of Agricultural Statistics may be kept confidential to the extent the report identifies the individual. 51 O.S. § 24A.15.
Educational records and materials. Such records may be kept confidential to the extent that the documents are individual student records, teacher lesson plans, tests and other material, and personal communications about the individual students. Statistical information which does not identify a particular student and directory information must be made available. Directory information may be withheld if the parent of the individual student notifies the school that the information should not be released. 51 O.S. § 24A.16.
Donor Information. Oklahoma State System of Higher Education may keep confidential all information pertaining to donors and prospective donors to or for the benefit of its institutions or agencies. 51 O.S. § 24A.16a.
Research Records. Information related to research done by a public body may be kept confidential when the disclosure of such information may affect the proprietary rights the public entity may have in the research and results of such research. 51 O.S. § 24A.19.
Public Utilities. Corporation Commission, and all entities regulated by the Commission, shall keep confidential those records of a public utility, its affiliates, suppliers and customers which are determined to be confidential books and records or trade secrets. 51 O.S. § 24A.22.
Department of Wildlife Conservation.The Department shall keep confidential the information provided by persons, including the name and address of the person, applying for or holding any permit or license issued by the Department, to the extent the information individually identifies the person. This does not apply to information provided by persons applying for or holding a commercial hunting or fishing license. 51 O.S. § 24A.23(A). The Department shall also disclose online or in published listings the antler description of each deer harvested and the name of the hunter who harvested the deer unless the hunter elects to not have his named released. 51 O.S. § 24A.23(D).
Office of Juvenile System Oversight. The Office may keep its investigatory records and notes confidential, unless ordered by a court of competent jurisdiction to disclose the information. 51 O.S. § 24A.24.
Intergovernmental self-insurance pools. These self-insurance pools may keep proprietary information confidential. 51 O.S. § 24A.26.
Vulnerability assessments of critical assets. State environmental agencies or public utilities may keep confidential vulnerability assessments of critical assets in both water and wastewater systems. 51 O.S. § 24A.27.
Act or Threat of Terrorism. All information relating to the investigation, deterrence, prevention or protection from an act or threat of terrorism including informational technology related to same is considered confidential pursuant to 51 O.S. § 24A.28. The Act also carves out several additional exceptions in § 24A.28. For example, records received, maintained and generated by the Department of Environmental Quality that contain information regarding sources of radiation in quantities deemed significant to public health and safety are considered confidential. 51 O.S. § 24A.28(A)(9). As are the names of school district personnel who have been designated to a carry firearm in school. 25 O.S. § 24A.28(A)(10). Information technology of the State Election Board or a county election board which is determined jointly by the Secretary of the State Election Board and the State Chief Information Officer to be technology that could reasonably be expected to be useful to persons with intent to interfere with the conduct of an election, voter registration or other election processes is also considered confidential. 51 O.S. § 24A.28(A)(11). Further, records received, maintained, or generated by the Oklahoma Municipal Power Authority and in its role as an electric utility regulated by the federal government, related to security plans and procedures including, but not limited to, cybersecurity matters are confidential. 51 O.S. § 24A.28(A)(12). Finally, campus security plans of public educational institutions may be kept confidential. 51 O.S. § 24A.28(D)(1).
Protective Orders. Protective orders directing the withholding or removal of pleadings or other materials from a public record may only be issued after a court has determined it is necessary in the interests of justice. 51 O.S. § 24A.29. The Oklahoma Supreme Court has stated that there are no provisions in the Open Records Act that allow parties to simply agree to seal a public record and submit a summary agreed order to the court. Shadid v. Hammond, 2013 OK 103; see alsoOber v. State ex rel. Dep’t of Public Safety, 2016 OK CIV APP 2 (appellate court reversed a trial court’s issuance of a protective order that sealed the entire record and prevented public knowledge of teacher’s conviction for driving under the influence and revocation of teacher’s driver’s license).
Wine Shipment Records. Reports, known as “Confidential Wine Shipment Reports,” produced in compliance with 37A O.S. § 3-106 may be kept confidential by public bodies. 51 O.S. § 24A.31.
Multidisciplinary Child Abuse Teams Reports. Reports produced or information received by the multidisciplinary child abuse team established according to 10A O.S. § 1-9-102 are confidential. 51 O.S. § 24A.32.
Confidential Contact Information. Any contact information of persons or entities responsible for emergency contracts and property maintenance and the names of persons or entities in this state authorized to receive notice and service of process for property outlined in 11 O.S. § 22-110.1 shall be kept confidential by the requesting municipal governments. 51 O.S. § 24A.33.

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B. Other statutory exclusions

There are approximately 150 specific statutes which make defined documents confidential.

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C. Court-derived exclusions, common law prohibitions, recognized privileges against disclosure

Governor’s Qualified Privilege. The Oklahoma Supreme Court has held that the state Constitution recognizes an executive privilege to protect confidential advice from senior executive branch officials for use in the Governor’s deliberations and decision-making process. The Supreme Court upheld the lower court decision that the privilege could be found in the common law but proceeded to hold that the privilege was also found in the separation of powers clause in the Constitution. Vandelay Entertainment, LLC d.b.a. the Lost Ogle v. Fallin, 2014 OK 109.

Video Recording of Arrest. The Oklahoma Court of Civil Appeals held that a law enforcement agency’s dash cam video recording of an arrest is a record under the Act. Ward & Lee, P.L.C. v. City of Claremore, 2014 OK CIV APP 1. The Oklahoma Supreme Court held that, when a video is a record of the facts leading up to an arrest, the video must be made available to the public. Oklahoma Association of Broadcasters v. City of Norman, 2016 OK 119

Traffic Collision Reports. The Oklahoma Supreme Court has held that traffic collision reports do not fall within the specific categories enumerated under law enforcement records and thus are not public records under the Act. Cummings & Associates v. City of Oklahoma City, 1993 OK 36, 849 P.2d 1087.

Insurance Commission Records. The Oklahoma Supreme Court has held that records of a private insurance company which came into possession of the state Insurance Commissioner under a court-ordered receivership are not public records and thus do not have to be disclosed under the Act. Farrimond v. Fisher, 2000 OK 52, 8 P.3d 872.

Tape Recordings of Hearings. Tape recordings of Implied Consent Hearings before the Department of Public Safety are records under both the Open Records Act, 51 O.S. § 24A et seq., and the Records Management Act, 67 O.S. § 201 et seq., and copies must be provided for inspection. Fabian & Associates, P.C. v. State ex rel. Dep’t of Public Safety, 2004 OK 67, 100 P.3d 703.

Draft Audit Report. In finding that a “draft” audit report of a city was a record to be produced under the Open Records Act, the Oklahoma Court of Civil Appeals held that whether a document is a record depends upon “‘the totality of the circumstances surrounding the creation, maintenance, and use of the document,’ regardless of the ‘status’ of a document as ‘preliminary’ or ‘final.’” Int’l Union of Police Ass’ns v. City of Lawton, 2009 OK CIV APP 85.

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D. Protective orders and government agreements to keep records confidential

Protective orders directing the withholding or removal of pleadings or other materials from a public record may only be issued after a court has determined it is necessary in the interests of justice. 51 O.S. § 24A.29. The Oklahoma Supreme Court has stated that there are no provisions in the Open Records Act that allow parties to simply agree to seal a public record and submit a summary agreed order to the court. Shadid v. Hammond, 2013 OK 103, see also Ober v. State ex rel. Dep’t of Public Safety, 2016 OK CIV APP 2 (appellate court reversed a trial court’s issuance of a protective order that sealed the entire record and prevented public knowledge of a teacher’s conviction for driving under the influence and revocation of the teacher’s driver’s license).

Government agreements to keep records confidential have not been specifically addressed.

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E. Interaction between federal and state law

Records coming into possession of a public body either from a federal agency or as a result of federal legislation may be kept confidential to the extent required under federal law. 51 O.S. § 24A.13.

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1. HIPAA

Not specifically addressed.

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2. DPPA

Not specifically addressed.

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3. FERPA

Not specifically addressed.

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4. Other

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F. Segregability requirements

Under the Oklahoma Open Records Act, “[a]ny reasonably segregable portion of a record containing exempt material shall be provided after deletion of the exempt portions . . . .” 51 O.S. § 24A.5(3).

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G. Agency obligation to identify basis of redaction or withholding

Public officials and public bodies bear the burden of establishing records are protected by an exemption, exception, confidential privilege, etc. 51 O.S. § 24A.2; 1995 OK AG 97.

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III. Record categories - open or closed

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A. Autopsy and coroners reports

A copy of the full and complete autopsy report, together with the findings of the person making the report, shall be withheld from public inspection and copying for ten business days following the date the report is generated by the Office of the Chief Medical Examiner. 63 O.S. § 945(D). The release of the autopsy report may be further delayed if a law enforcement agency declares that the report contains information that would materially compromise an ongoing criminal investigation. 63 O.S. § 945(G). Following the filing of the declaration, the law enforcement agency must file a request for an extension of time with a district court for hearing. Id.

Voter registration records may be obtained on CD from the Oklahoma State Election Board. A fee schedule ranges from $10 for a precinct to $150 for statewide. The state election board may promulgate rules to keep confidential the residence and mailing address of voters who are members of certain classes, including judges, district attorneys, persons protected by victim’s protection orders, etc. 26 O.S. § 4-115.2.

While there is no specific provision in the Open Records Act addressing election materials, the Oklahoma Supreme Court has determined that state statutes distinguish between a “record” and a “ballot,” and a “ballot” is not a business record of the Election Board subject to disclosure under the Act. Milton v. Hayes, 1989 OK 12, 770 P.2d 14. The Court has further held that if a ballot were a record, it would fall under the exception in the Act which requires a public body to keep confidential records that are not discoverable under state law. The ballot is deemed confidential.

Information technology of the State Election Board or a county election board which is determined jointly by the Secretary of the State Election Board and the State Chief Information Officer to be technology that could reasonably be expected to be useful to persons with intent to interfere with the conduct of an election, voter registration or other election processes may be kept confidential. 51 O.S. § 24.28(A)(11).

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J. Emergency Medical Services records

While there has been no direct case on point, EMSA has provided records in response to requests made under the Oklahoma Open Records Act. EMSA is a public trust authority subject to the Act.

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K. Gun permits

The Oklahoma State Bureau of Investigation maintains a list of all persons issued a handgun license under the Oklahoma Self-Defense Act, but the list is available only to law enforcement agencies. 21 O.S. § 1290.13

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L. Homeland security and anti-terrorism measures

The Governor’s Security and Preparedness Executive Panel, created pursuant to an Executive Order, is not subject to the Act because the panel is not a public body under the Act and documents created by the panel are therefore not public records 2002 OK AG 5. However, materials coming into the possession of any public official sitting on the panel may be a record under the Act. 2002 OK AG 5. Any state environmental agency or public utility shall keep confidential vulnerability assessments of critical assets in both water and wastewater systems. 51 O.S. § 24A.27. Information relating to the investigation, deterrence, prevention or protection from an act or threat of terrorism shall be confidential as well as informational technology related to some. 51 O.S. § 24A.28. Also, records received, maintained or generated by the Oklahoma Office of Homeland Security which include confidential information and records received by the Oklahoma Office of Homeland Security from the United States Department of Homeland Security are confidential. Id. In 2013, the Legislature added to the exclusion records received, maintained and generated by the Department of Environmental Quality that contained information regarding sources of radiation in quantities deemed significant to public health and safety. 51 O.S. § 24A.28.A.9.

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M. Hospital reports

Information received by the State Commissioner of Health through inspection or otherwise on hospitals is confidential and not to be disclosed publicly. 63 O.S., § 1-709. Medical records and communications between a physician or psychotherapist and mental patients are privileged and confidential. 43 O.S., § 1-109.

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Body camera footage and dashcam videos are public records under the Oklahoma Open Records Act subject to a few limitations. 51 O.S. § 24A.8(A)(9-10). Specifically, law enforcement has discretion to not release or redact portions of recordings that: (1) depict nudity; (2) depict great bodily injury, acts of severe violence resulting in great bodily injury, or a death or dead body, unless “effected by a law enforcement officer”; (3) would reveal the identity of minors, personal medical information not already public, or the personal information of an individual not charged with or arrested for a crime; or (4) would “reveal the identity of law enforcement officers who have become subject to internal investigation by the law enforcement agency as a result of an event depicted in the recording.” 51 O.S. § 24A.8(A)(9). Law enforcement may only withhold recordings that would reveal the identity of a law enforcement officer under internal investigation up until the point when the investigation is still ongoing; once the investigation has concluded, “portions of the recordings previously withheld … shall be available for public inspection and copying.” 51 O.S. § 24A.8(A)(9)(i). Furthermore, any recordings will be made available to the public “before the conclusion of the investigation if the investigation lasts for an unreasonable amount of time.” Id.

Pursuant to 51 O.S. § 24A.8(A)(10), other relevant considerations for withholding include whether the records:

- Identify alleged victims of sex crimes or domestic violence;
- Identify witnesses who have requested anonymity or confidential informants;
- Include information “that would materially compromise an ongoing criminal investigation” or prosecution as long as within ten days following arraignment of a person charged in the case related to the recording, the recording is made available to the public in full. If 120 days elapse and no one has been charged, but the release of the recording has nevertheless been denied, a requester may seek judicial review.

In Oklahoma Association of Broadcasters, Inc. v. City of Norman & Norman Police Department, the Oklahoma Supreme Court held that surveillance video depicting the cause of an individual’s arrest “contain[ed] facts concerning the arrest,” and therefore was subject to disclosure. 390 P.3d 689, 697 (Ok. 2016). The individual, however, was never “arrested” because he voluntarily appeared at the sheriff’s department to wait until he posted bail for the crime depicted in the surveillance video. Id. at 692. The court resolved that the “breadth of the term ‘arrest’ as used in Section 24A.8(A)(2)” extended to a video record of “the facts leading up to the arrest,” even in the absence of a formal “arrest”--it was enough that he was in law enforcement custody before being arraigned. Id. at 696. “Adding additional elements to the definition of arrest and its common meaning would thwart the Act's underlying legislative policy,” the court reasoned, by “allow[ing] law enforcement agencies to give preferential treatment to select defendants by allowing them to submit to a court rather than forcibly restraining them, and thus, suppressing videos depicting those defendants’ violent and unbecoming behavior, while exposing the same or similar violent and unbecoming behavior of another, equally or even less culpable, defendant.” Id. The court also ruled on the issue of whether requesters were permitted to make copies of the surveillance video, finding that “the public’s right to inspect a record as used in Section 24A.8(A) … includ[es] their right to obtain a copy of the record.” Id.

The amount of money spent by a public service corporation to secure rights-of-way, to engage in construction or to reconstruct existing facilities is a matter of public record. Okla. Const. Art. 9, § 29. Although they must provide public access to their records, including records of the name, address, rate paid for services, charges, and payment for each customer, public bodies that provide utility services to the public may keep confidential credit information, credit card numbers, telephone numbers, and bank account information for individual customers. 51 O.S. § 24A.9(D). The Corporation Commission shall keep confidential those records of a public utility, its affiliates, suppliers and customers which the Commission determines are confidential books, records, or trade secrets. 51 O.S. § 24A.22. A public body that performs billing or collection services for a utility regulated by the Corporation Commission may keep confidential any customer or individual payment data obtained or created by the public body. 51 O.S. § 24A.10(D).

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U. State guard records

Oklahoma has not specifically addressed the status of state guard records. The Oklahoma Attorney General has stated that the Oklahoma National Guard is within the Oklahoma Military Department, which is an agency of the state of Oklahoma. . In the same opinion, the Attorney General found that the Oklahoma National Guard was a state law enforcement agency for purposes of sharing in the proceeds of federal drug-related property forfeitures. Id.

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V. Tax records

The records and files of the Oklahoma Tax Commission are confidential and the Tax Commission is prohibited from disclosing any information contained in its files relating to income tax or to any other taxes. 68 O.S. § 205.

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W. Vital Statistics

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1. Birth certificates

A birth certificate is deemed confidential and may not be disclosed. 63 O.S. § 1-323(A); see 2009 OK AG 33 (stating that “a vital statistics record such as a birth certificate, and the information contained therein, that is part of the Department of Health’s vital statistics system is confidential”).

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2. Marriage and divorce

Marriage and divorce records are filed with the District Court and may be accessed through the Courts.

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3. Death certificates

A death certificate is deemed confidential and may not be disclosed. 63 O.S. § 1-323(A).

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4. Infectious disease and health epidemics

Not within the scope of vital statistics in Oklahoma, which are confidential and defined as “records of birth, death, fetal death and data related thereto.” 63 O.S. § 1-301.

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IV. Procedure for obtaining records

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A. How to start

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1. Who receives a request?

The public body must designate the person to receive the request. 51 O.S. §§ 24A.5(6)., 24A.6.

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2. Does the law cover oral requests?

1. Who may sue?

Any person denied access may bring a civil action. 51 O.S. § 24A.17(B).

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2. Priority

There are no provisions for expediting an access to records case.

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3. Pro se

While it is possible to proceed pro se, the Act does allow for the recovery of reasonable attorney fees if successful. Because the Act allows a cause of action for injunctive and declaratory relief, both requiring specialized pleading, it would be advisable to use an attorney and seek recovery of the fees.

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a. Attorney fees

Attorney’s fees may be recovered by the successful plaintiff. 51 O.S. § 24A.17(B); Lawson v. Curnutt, 2010 OK CIV APP 78.

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b. Court and litigation costs

Court costs may be awarded at the discretion of the court. 12 O.S. § 927.

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11. Fines

Violations of the ORA can result in fines of up to $500. 51 O.S. § 24A.17(A).

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12. Other penalties

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13. Settlement, pros and cons

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F. Appealing initial court decisions

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1. Appeal routes

A final order may be appealed to the Oklahoma Supreme Court. 12 O.S. § 952. The case may then be assigned to the Court of Appeals by the Supreme Court.

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2. Time limits for filing appeals

A petition in error must be filed within thirty (30) days from a final judgment or order. 12 O.S. Ch. 15, App. 2, Rule 1.15(a).

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3. Contact of interested amici

Amicus briefs may be filed by consent of the parties or by leave of the Chief Justice of the Supreme Court. The amicus curiae must file a statement not exceeding five pages disclosing the nature of the interest, the factual or legal questions which are not adequately addressed by the litigants and the relevancy of the factual or legal questions to the disposition of the case. Upon a showing of extraordinary circumstances, the amicus curiae may be allowed to participate in oral arguments. 12 O.S. Ch. 15, App. 2, Rule 1.28a.

The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state’s highest court.

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G. Addressing government suits against disclosure

Not contemplated by Oklahoma law.

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Open Meetings

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I. Statute - basic application

The Oklahoma Open Meeting Act, 25 O.S. §§ 301–314, states that “[i]t is the public policy of the State of Oklahoma to encourage and facilitate an informed citizenry’s understanding of the governmental processes and governmental problems,” id. § 302.

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A. Who may attend?

Any person may attend meetings of a public body. 25 O.S. § 303.

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B. What governments are subject to the law?

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1. Number that must be present

A meeting is the conducting of business of a public body by a majority of its members meeting together. 25 O.S. § 304.2; see Int’l Ass’n of Firefighters, supra (key consideration is the public nature of the work of the group); Rogers v. Excise Board of Greer County, 1984 OK 95, 701 P.2d 754 (meetings held on legal holidays in locked public buildings do not comply with the law). A meeting may also be held by videoconference when a public body has been granted such authority by the legislature. 25 O.S. § 304.2, 7; 25 O.S. § 306.

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a. Must a minimum number be present to constitute a "meeting"?

A majority is required. Id.; see also Monkey Island Development Authority v. Paul Staten, 2003 OK CIV APP 64, 76 P.3d 84 (rejecting a claim that a meeting violated the Act, stating “[w]ithout a majority, there could be no ‘meeting’ under the Act and no violation”). In a videoconference meeting, at least a quorum of the public body must be present at the posted meeting site. 25 O.S. § 307.1.A.

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b. What effect does absence of a quorum have?

No meeting of the public body can take place unless a majority of the members is present. 25 O.S. § 304.2, 7; 25 O.S. § 306.

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2. Nature of business subject to the law

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a. "Information gathering" and "fact-finding" sessions

Informal gatherings or fact-finding sessions are prohibited. 25 O.S. § 306. Informal gatherings among a majority of the members of a public body on any course of action or to vote on any matter is prohibited. In re Appeal of the Order Declaring Annexation Dated June 28, 1978, 1981 OK CIV APP 57, 637 P.2d 1270 (act covers not only formal meetings but entire decision-making process). “The legislative intent is unmistakable. 25 O.S. § 306 is an absolute prohibition upon any attempt to circumvent the Open Meeting Act and obtain a consensus upon an item of business by informal meetings outside a public meeting.” 1981 OK AG 69.

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b. Deliberation toward decisions

The Act defines a meeting as the “conduct of business of a public body by a majority of its members . . . .” 25 O.S. § 304.2. The Oklahoma Attorney general has opined that “conduct of business” includes the entire decision-making process including deliberation, decision or formal action. 1982 OK AG 212. Later opinions have concluded that “conduct of business” would include discussions in which the members of the public body are considering information that will aid them in their decision-making, even though those discussions do not necessarily effectively predetermine their official actions. 2012 OK AG 24. When a majority of commissioners of the Corporation Commission are present at the same time in a hearing conducted by an administrative law judge, the hearing is subject to the Act because they are engaged in the conduct of business. Id.

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3. Electronic meetings

Public bodies are authorized to hold meetings by videoconference provided that each member is visible and audible to each other and the public through a video monitor. 25 O.S. § 307.A.1. No less than a quorum of the public body must be present at the posted meeting site. Id.

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a. Conference calls and video/Internet conferencing

No electronic or telephonic communications, except for videoconferences specifically allowed in 25 O.S. § 307.1, among a majority of the members of a public body shall be used to decide any action or take any vote. 25 O.S. § 306.

The Act defines “regularly scheduled meeting” as a “meeting at which the regular business of the public body is conducted.” 25 O.S. § 304.3.

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b. Notice

All public bodies must give written notice by December 15th of the schedule showing the date, time and place of all regularly scheduled meetings of the public body for the next calendar year. 25 O.S. § 311.A.1. All state public bodies must give notice to the Secretary of State; county agencies must give notice to the County Clerk; municipalities must give notice to the municipal clerk; and multicounty, regional, area wide or district public bodies must give notice to the county clerk where the body is principally located or, if they have no office, the clerk of the county where the public is served. 25 O.S. § 311.A.2–5. Any change to the schedule must be given to the appropriate authorities (Secretary of State, county clerk or municipal clerk) as required under the law not less than ten days prior to implementation of the change. 25 O.S. § 311.A.8.

Notices must be posted either in prominent public view at the principal office of the public body or at the location of the meeting if no public office exists at least 24 hours prior to the meeting excluding Saturdays, Sundays and legal holidays or on the public body’s internet website. 25 O.S. § 311.A.9.a–b. The Notice and Agenda must be visible before and after business hours. 1997 OK AG 98. Providing notice of a meeting by mail or by publishing in a local newspaper does not comply with the notice requirement of the Act. 2012 OK AG 24.

When a meeting is being conducted by videoconference, the notice and agenda for the meeting must state the location, address and telephone number of each available videoconference site. 25 O.S. § 307.1.A.2.a. The notice and agenda must also state the site from which each member of the public body will be present and participating in the meeting. 25 O.S. § 307.1.A.2.b. The public is allowed to be in each room from which a public official participates in the videoconference. 25 O.S. § 307.1.A.5.

The notice must contain all items to be considered at the public meeting. Any item not posted on the notice cannot be considered except that the public body may consider “new business” which is “any matter not known about or which could not have been reasonably foreseen prior to the time of posting.” 25 O.S. § 311.A.10; see also 1982 OK AG 114 (“A public body should not take up new business unless it has indicated that it would do so on the agenda for the meeting.”). The agenda must be plainly worded so that a person of ordinary education and intelligence can comprehend. Hayworth Bd. of Education v. Havens, 1981 OK CIV APP 56, 637 P.2d 902 (agenda item stating school board to interview new administrator held insufficient for board action of hiring administrator). In addition, if an executive session is proposed, the agenda must contain sufficient information for the public to ascertain that an executive session will be proposed, identify the items of business and purposes of the executive session, and state specifically the statutory authority for an executive session. 25 O.S. § 311.B.2.

The notice must contain the date, time and place of the public meeting. 25 O.S. § 311.A.1. Including the date, place and time without including an agenda of the meeting is insufficient notice. Hillary v. State, 1981 OK 78, 630 P.2d 791. A public body may not post notice of two separate meetings held in separate locations at the same time on the same day, as a majority may not be present in two places at the same time. 2012 OK AG 24.

Language found in the public policy section of the Act, together with the inclusion of a penal penalty, makes it a penal statute which must be strictly construed. State v. Patton, 1992 Okla. Crim. 57, 837 P.2d 483. All actions taken in willful violation of the Open Meetings Act are invalid. 25 O.S. § 313; see Hayworth, supra (board hiring of superintendent without meeting agenda requirements invalidated); In re Appeal of the Order Declaring Annexation Dated June 28, 1978, supra (vote on annexation held without public body compliance with act held invalid); Okmulgee County Rural water Dist. No. 2 v. Beggs Public Works Authority, 2009 OK CIV APP 51, 211 P.3d 225 (absent posted notices of its intent to consider the 2004 water contract, Beggs’ execution and approval of the 2004 contract is invalid as “exceed[ing] the scope of action defined by the notice[s]”); 2002 OK AG 07 (vote to add disclaimer to textbooks invalid because agenda did not contain sufficient notice to public that such disclaimer was to be discussed). Persons who willfully violate the provisions of the act are guilty of a misdemeanor and upon conviction can be fined $500 or imprisoned in county jail for one year, or both. 25 O.S. § 314; see Hillary v. State, supra (defendant fined after being found guilty of violating the Open Meeting Act on three separate occasions when agendas for public meetings were not posted).

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c. Minutes

The minutes of a public meeting must contain an official summary of the proceedings which shows the members absent and present, the matters considered and the actions taken. 25 O.S. § 312.A. The presence or absence of a public official must be recorded in the minutes in a manner that is easily understood and not deceptively vague or misleading. Andrews v. Indep. Sch. Dis. No. 29, 1987 OK 40; Wilson v. Tecumseh, 2008 OK CIV APP 84. All votes must also be publicly cast and recorded. 25 O.S. § 305.

Minutes are public records. 25 O.S. § 312.A. A court reporter’s transcript of a public meeting does not satisfy the minutes requirement of the Act. 2012 OK AG 24. Further, any person attending a public meeting may record the meeting by videotape, audiotape, or other means provided such recording does not interfere with the conduct of the meeting. 25 O.S. § 312.C.

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2. Special or emergency meetings

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a. Definition

A special meeting of a public body is one that is not regularly scheduled or not an emergency. 25 O.S. § 304.4. An emergency meeting is one called when a situation involves injury to persons or injury and damage to public or personal property or immediate financial loss and the time requirements for public notice of a special meeting would make such procedure impractical and increase the likelihood of injury or damage or immediate financial loss. 25 O.S. § 304.5.

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b. Notice requirements

For a special meeting, public notice must be given to the appropriate notifying authorities (Secretary of State, county clerk or municipal clerk) at least 48 hours prior to the meeting. In addition, the notice must be posted at least 24 hours prior to the meeting excluding Saturdays, Sundays and legal holidays. 25 O.S. § 311.A.9. For an emergency meeting, as much advance notice “as is reasonable and possible under the circumstances” must be given. 25 O.S. § 311.A.13; Weeks v. Northeast Oklahoma Area Vo-Tech School, 1982 OK CIV APP 16, 657 P.2d 1205 (emergency board meeting called to vote on non-renewal of teachers’ contract justified when school system faced loss of $70,000 if vote not immediately taken).

For a special meeting, notice is given to the general public by displaying it prior to the meeting. Also, notice must be mailed or delivered to any person, newspaper, wire service, radio station, and television station at least 48 hours prior to the special meeting if a written request for such notice has been filed with the public body. A charge of up to $18 per year may be assessed against persons or entities who file such requests. 25 O.S. § 311.A.12. For an emergency meeting, as much notice as possible must be given to the public. 25 O.S. § 311.A.13.

For a special meeting, the notice must be posted in prominent view at the public body’s principal office or, if no office exists, at the location of the meeting or by posting on the public body’s internet website. 25 O.S. § 311.A.12. For an emergency meeting, the notice must be given in person or by telephonic or electronic means. 25 O.S. § 311.A.13.

Only the specific matters listed on the posted agenda may be considered. 25 O.S. § 311.A.12, 13.

The notice must contain the date, time, place and agenda for the meeting. 25 O.S. § 311.A.12, 13.

Language found in the public policy section of the act, together with the inclusion of a penal penalty, makes it a penal statute which must be strictly construed. State v. Patton, supra. All actions taken which are in willful violation of the Open Meetings Act are invalid. 25 O.S. § 313. Hayworth, supra (board hiring of superintendent without meeting agenda requirements invalidated); In re Appeal of the Order Declaring Annexation Dated June 28, 1978, supra (vote on annexation held without public body compliance with act held invalid). Persons who willfully violate the provisions of the act are guilty of a misdemeanor and upon conviction can be fined $500 or imprisoned in county jail for one year, or both. 25 O.S. § 314; Hillary v. State, 1981 OK CR 78, 630 P.2d 791 (defendant fined after being found guilty of violating the Open Meeting Act on three separate occasions when agendas for public meetings were not posted).

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c. Minutes

The minutes of a public meeting must contain an official summary of the proceedings which shows the members absent and present, the matters considered and the actions taken. 25 O.S. § 312.A. All votes must also be publicly cast and recorded. 25 O.S. § 305. When the minutes are of an emergency meeting, the minutes must also contain the nature of the emergency and the reasons for declaring such emergency meeting. 25 O.S. § 312.B.

The minutes of an executive session must contain an official summary of the proceedings which occurred in executive session. 25 O.S. § 312.A. The Oklahoma Supreme Court has ruled that the requirement for minutes to be kept and recorded also applies to executive sessions. Berry v. Board of Governors of registered Dentists, 1980 OK 45; see also 1996 OK AG 100.

Minutes of an executive session are not public records. 51 O.S. § 24A.5.1.b. However, all votes or action concerning executive session discussions must be publicly cast and recorded. 25 O.S. § 307.E.3; Grayhill v. Oklahoma State Board of Education, 1978 OK 124, 585 P.2d 1358 (public announcement in front of board members of 5-0 vote taken in executive session satisfies requirement of publicly recording vote). The written minutes should be sealed and kept in a file separate from the regular minutes. 1996 OK AG 100.

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d. Requirement to meet in public before closing meeting

A majority of the quorum of members present must vote to go into executive session. 25 O.S. § 307.E.2. However, the Board of Regents of Oklahoma Colleges still holds an executive session only upon a unanimous vote of all present. Okla. Const. Art. XIII-B, § 1.

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e. Requirement to state statutory authority for closing meetings before closure

The Act explicitly requires that the agenda must state specifically the section of the law authorizing the executive session. 25 O.S. § 307.B.

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f. Tape recording requirements

There is no requirement for tape recording executive sessions. 2012 OK AG 24.

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F. Recording/broadcast of meetings

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1. Sound recordings allowed

Any person may record “by videotape, audiotape or by any other method” a public meeting provided the act of recording does not interfere with the conduct of the meeting. 25 O.S. § 312.C.

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2. Photographic recordings allowed

Any person may record “by videotape, audiotape or by any other method” a public meeting provided the act of recording does not interfere with the conduct of the meeting. 25 O.S. § 312.C.

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G. Access to meeting materials, reports and agendas

Access to the records of a public body is governed by the Oklahoma Open Records Act. Unless a document is exempted from disclosure, the meeting materials, reports and agendas must be provided upon request.

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H. Are there sanctions for noncompliance?

Any action taken by the public body in willful violation of the Act shall be invalid. 25 O.S. § 313. Further, any person willfully violating any provision of the Act shall be guilty of a misdemeanor punishable by up to $500 fine and/or one year in county jail. 25 O.S. § 314.

Public bodies may discuss the purchase or appraisal of real property. 25 O.S. § 307.B.3. However, the public body is restricted as to the persons who may be present in such executive sessions. 25 O.S. § 307.D; see Lafalier v. The Lead-Impacted Communities Relocation Assistance Trust, 2010 OK 48, 237 P.3d 181 (trust found to have violated Open Meeting Act by allowing persons not authorized under 25 O.S. § 307.D. to attend executive session wherein the appraisal and purchase of real property was discussed). Further, the Attorney General has determined that section 307.B.3 authorizes a public body to meet in executive session to discuss the purchase or appraisal of real property, but contains no authority allowing a public body to meet in executive session to discuss the sale of real property. 2007 OK AG 32. To address, in part, these decisions, the Legislature amended 25 O.S. § 307.D to authorize persons who are operating under an existing agreement to represent the public body in a land transaction.

A public body may meet with its attorney concerning an investigation, claim, or action if disclosure of the information would seriously impair the public body’s ability to process the claim or conduct an investigation, litigation or proceeding in the public interest. 25 O.S. § 307.B.4; see 2005 OK AG 29 (“A ‘pending’ claim can refer to litigation or an administrative action which either presently exists or is merely potential or anticipated.”)

A board of education may close a hearing discussing the expulsion or suspension of a student when a closing is requested by the student, his parents, attorney or legal guardian. The board may also discuss negotiations concerning employees and representative employee groups and the purchase or appraisal of real property. 25 O.S. § 307.B.5.

Public bodies may discuss matters involving a specific handicapped child. 25 O.S. § 307.B.6.

Public bodies may discuss matters where disclosure of information would violate confidentiality requirements of state or federal law. 25 O.S. § 307.B.7.

Public bodies may engage in deliberations or render a final or intermediate decision in an individual proceeding pursuant to Article II of the Oklahoma Administrative Procedures Act. 25 O.S. § 307.B.8.

A public body may hold executive sessions to discuss investigations into plans, schemes or acts of terrorism, assessments of vulnerability of government facilities to acts of terrorism and/or discussion of plans to prevent or respond to acts of terrorism. 25 O.S. § 307.B.9.

The State Banking Board may hold executive sessions to grant an emergency certificate of authority or a certificate to maintain a branch to a state bank assuming deposit liability of another bank. 25 O.S. § 307.C.1.

The Oklahoma Industrial Finance Authority may hold executive sessions when the matter to be discussed involves trade secrets. 25 O.S. § 307.C.2.

The Oklahoma Development and Finance Authority may hold executive sessions when the matter to be discussed concerns trade secrets. 25 O.S. § 307.C.3.

The Oklahoma Center for the Advancement of Science and Technology may hold executive sessions when the item to be discussed concerns trade secrets. 25 O.S. § 307.C.4.

The Oklahoma Savings and Loan Board may hold an executive session for the purpose of involuntary liquidation of a state-chartered savings and loan association upon the recommendation of the federal savings and loan corporation. 25 O.S. § 307.C.5.

The Oklahoma Health Research Committee may hold executive sessions to discuss matters pertaining to research and development of products, if public disclosure would interfere with the development of patents, copyrights, products or services. 25 O.S. § 307.C.6.

A review committee created under the Local Development Act may hold closed sessions. 25 O.S. § 307.C.7.

The Child Death Review Board may close sessions for purposes of receiving and conferring on matters relative to materials declared confidential by law. 25 O.S. § 307.C.8.

The Domestic Violence Fatality Review Board may meet in executive session to discuss individual cases of a domestic violence death. 25 O.S. § 307.C.9.

Nonprofit entities supported in whole or in part by public funds or entrusted with the expenditure of public funds for purposes pertaining to economic development may close sessions if public disclosure would interfere with development of business or violate confidentiality of the business. 25 O.S. § 307.C.10.

Oklahoma Indigent Defense System Board for purposes of strategies when negotiating contracts to provide legal representation to criminal defendants and indigent juveniles. 25 O.S. § 307.C.11.

The Oklahoma Investment Committee for purposes of discussing application and confidential materials pursuant to terms of the Oklahoma Quality Investment Act. 25 O.S. § 307.C.12.

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B. Any other statutory requirements for closed or open meetings

The Act states that no public body “shall hold executive sessions unless otherwise specifically provided in this section.” 25 O.S. § 307. This language is reinforced by the legislative mandate that if an executive session is proposed, the agenda shall “state specifically the provision of Section 307 of this title authorizing the executive session.” 25 O.S. § 311.A.12.B.2.c. The Act does not contain any other provision which would provide a “catch-all” exemption allowing a closure of meetings as provided by law.

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C. Court mandated opening, closing

There have been no cases where a court has mandated a meeting be opened or closed.

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III. Meeting categories - open or closed

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The Open Meeting Act applies to meetings of the board of directors of a nonprofit corporation, where such corporation has contracted with a city and a public trust for the operation, maintenance and improvement of public property, and where the city makes annual appropriations to the public trust to pay to the corporation as an operating fee, where such meetings are held for the purpose of discussing business concerning such matters. 1980 OK AG 215.
Public trusts organized under 60 O.S. §§ 176 et seq.are “public bodies” within the meaning of the Open Meeting Act, and such public trusts must comply with and are subject to the Open Meeting Act. 1981 OK AG 109.

iii. The Open Meeting Act applies to meetings of the board of directors of a nonprofit corporation, where such corporation has contracted with a city for the operation, maintenance and improvements of a municipal park and the city makes annual appropriations to the corporation as an operating fee, where such meetings are held for the purpose of discussing business concerning such matters. 1981 OK AG 139.

The Open Meeting Act applies to meetings of the officers of a nonprofit corporation operating public property under contract with a municipality, where matters to be discussed or taken up concern the administration of the contract or the operation, improvement or maintenance of such public property. 1981 OK AG 184.

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F. Financial data, trade secrets, or proprietary data of private corporations and individuals

The Oklahoma Industrial Finance Authority may hold executive sessions when the matter to be discussed involves trade secrets. 25 O.S. § 307.C.2.
The Oklahoma Development Finance Authority may hold executive session, when the matter to be discussed concerns trade secrets. 25 O.S. § 307.C.3.
The Oklahoma Center for the Advancement of Science and Technology may hold executive sessions when the item to be discussed concerns trade secrets. 25 O.S. § 307.C.4.

The Oklahoma Health Research Committee may hold executive sessions to discuss matters pertaining to research and development of products, if public disclosure would interfere with the development of patents, copyrights, products or services. 25 O.S. § 307.C.6.

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2. Only those between the public employees and the public body

3. To set aside decision

Actions taken in violation of the Act may be declared null and void. See, e.g., In re Appeal of the Order Declaring Annexation Dated June 29, 1978, supra (invalidateding action of board taken in violation of Open Meeting Act); Wilson v. City of Tecumseh, 2008 OK CIV APP 84, 194 P.3d 140 (upholding trial court’s conclusion that vote to pay City Manager bonus was null and void because not properly noticed on agenda); Okmulgee County Rural Water Dist. No. 2 v. Beggs Public Works, 2009 OK CIV APP 51, 211 P.3d 225 (holding water contract invalid because approved by the Public Works Authority without being properly noticed on agenda).

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4. For ruling on future meetings

If a person is able to have the appropriate government agency or official make the request, an Attorney General ruling could be obtained on the legality of a meeting of a public body. See 74 O.S. § 18b(e). If a controversy exists and is continuing, then declaratory relief could be available. See 12 O.S. §§ 1651 et seq.

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5. Other

While it is a long process, the citizen may lead a petition drive to convene a grand jury to investigate denial of access. Okla. Const. Art. 2, § 18.

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B. How to start

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D. Appealing initial court decisions

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1. Appeal routes

All final orders are appealed to the Oklahoma Supreme Court. 12 O.S. § 952. The Supreme Court may reassign the case to the Court of Appeals.

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2. Time limits for filing appeals

Petition in error must be filed within thirty (30) days from final judgment or order. 12 O.S. Ch. 15, App. 2, Rule 1.15(a).

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3. Contact of interested amici

Amicus briefs may be filed by consent of the parties or by leave of the Chief Justice of the Supreme Court. The amicus curiae must file a statement not exceeding five pages disclosing the nature of the interest, the factual or legal questions which are not adequately addressed by the litigants and the relevancy of the factual or legal questions to the disposition of the case. Upon showing of extraordinary circumstances, the amicus curiae may be allowed to participate in oral arguments. 12 O.S. Ch. 15, App. 2, Rule 1.28a.

The Reporters Committee for Freedom of the Press often files amicus briefs in cases involving significant media law issues before a state’s highest court.

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V. Asserting a right to comment

Appendix

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Open Government Guide

Author

Foreword

Open Records

I. Statute

A. Who can request records?

1. Status of requester

2. Purpose of request

3. Use of records

4. Can an individual request records on behalf of a third party or organization?

B. Whose records are and are not subject to the Act

1. Executive branch

2. Legislative bodies

3. Courts

4. Nongovernmental bodies

5. Multi-state or regional bodies

6. Advisory boards and commissions, quasi-governmental entities

7. Others

C. What records are and are not subject to the act?

1. What kinds of records are covered?

2. What physical form of records are covered

3. Are certain records available for inspection but not copying?

4. Telephone call logs

5. Electronic records (e.g., databases, metadata)

a. Can the requester choose a format for receiving records?

b. Can the requester obtain a customized search of computer databases to fit particular needs

c. Does the existence of information in electronic format affect its openness?

d. Online dissemination

6. Email

7. Text messages and other electronic messages

8. Social media posts

9. Computer software

10. Can a requester ask for the creation or compilation of a new record?

D. Fee provisions

1. Types of assessable fees (e.g., for search, review, duplication) and levels or limitations on fees

2. Particular fee specifications or provisions

3. Provisions for fee waivers

4. Requirements or prohibitions regarding advance payment

5. Have agencies imposed prohibitive fees to discourage requesters?

6. Fees for electronic records

E. Who enforces the Act?

1. Attorney General's role

2. Availability of an ombudsman

3. Commission or agency enforcement

F. Are there sanctions for noncompliance?

G. Record-holder obligations

1. Search obligations

2. Proactive disclosure requirements

3. Records retention requirements

4. Provisions for broad, vague, or burdensome requests

II. Exemptions and other legal limitations

A. Exemptions in the open records statute

1. Character of exemptions

2. Discussion of each exemption

B. Other statutory exclusions

C. Court-derived exclusions, common law prohibitions, recognized privileges against disclosure

D. Protective orders and government agreements to keep records confidential

E. Interaction between federal and state law

1. HIPAA

2. DPPA

3. FERPA

4. Other

F. Segregability requirements

G. Agency obligation to identify basis of redaction or withholding

III. Record categories - open or closed

A. Autopsy and coroners reports

B. Administrative enforcement records (e.g., worker safety and health inspections, or accident investigations)

C. Bank records

D. Budgets

E. Business records, financial data, trade secrets

F. Contracts, proposals and bids

G. Collective bargaining records

H. Economic development records

I. Election Records

J. Emergency Medical Services records

K. Gun permits

L. Homeland security and anti-terrorism measures

M. Hospital reports

N. Personnel records

1. Salary