Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. Labarthe filed the motion Friday with the Cleveland County Court Clerk. The book also includes a plain-English digest of every court ruling and attorney general opinion 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. Gentner Drummond is the attorney general of Oklahoma. Under the Open Records Act, government agencies may NOT do which of the following? These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. Unfortunately, there have been recent cases in which individuals have had to file lawsuits to get records after state bureaucrats refused to release them. The entry states that the actions taken by OTA during those meetings is invalid, and that the rollout of the ACCESS plan is also invalid. I . 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. Read MoreVictim in soliciting case says McFadden texted her night before 7 bodies were found, What started as an amber alert ended with seven bodies found on a Henryetta property. 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. These principles are imperative for citizens to hold their government accountable. 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. 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. When Defendant OTA Executive Director Tim Gatz and Governor Kevin Stitt announced the rollout of ACCESS Oklahoma at the Feb. 22, 2022 meeting, they were committing the State of Oklahoma to this $5 billion ACECSS program, Wards motion states. High 76F. AG Opinion 2022-6 November 16, 2022 W.A. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the states Open Meeting Act. Under the Act, agendas for regular and special meetings must be posted in a publicly-accessible location for at least . Members of a governmental body subject to the Open Meetings Act (OMA) are required to participate in education training sessions pursuant to section 551.005 of the Texas Government Code. These matters include developing and revising policies, approving fundraisers, hiring new employees, approving school . When you check in at a seminar, confirm that you complete the required CE form to receive credit. Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. 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. Mark your calendar and plan to attend. 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. The FOX23 Investigation also uncovered records of a behind-closed-doors meeting where officials came up with solutions to do away with the tollbut never told the public. Sign up now to get our FREE breaking news coverage delivered right to your inbox. 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. The agencys plan, also known as ACCESS, is estimated to cost $5 billion and includes a new turnpike along Indian Hills Road and another in the Lake Thunderbird Watershed. How do I request an Attorney General opinion? 74 O.S. 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. The turnpike authority also purchased several homes in the path of the proposed Norman area turnpikes. Read MoreCarver Middle School hosts its annual Art Gala fundraiser, Oklahoma Natural Gas (ONG) confirms thatapproximately 18 businesses have been evacuated after a leak was found in the area near, East 21st Street and Highway 169. 201 N.E. I believe in leading by example. Attorney General opinion regarding the confidentiality of settlement agreements reached between the Insurance Commissioner and pharmacy benefit managers under the Patients Right to Pharmacy Choice Act. Requirements on access to public records and the conduct of public meetings will 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. The Oklahoma open meetings and open records act help make the work of the state transparent. 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. the Open Meeting Act and Open Records Act, plus it's updated annually after each State legislative session. 307(F)(2). In that investigation, legal experts told FOX23. The appeal cites several. Principally, that notices and publication were inadequate.. High near 75F. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. Record all action taken on the matters discussed. A number of things could happen depending on what the audit does or doesnt find. 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. 25 O.S. 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. 0 304(2) When conducting business of public body By a majority of its members Being personally together, OR, by teleconference, as authorized by 307.1 NOTE: a"meeting"doesnotincludeinformalgatheringsofamajorityofmemberswhennobusinessofthepublicbodyisbeingdiscussed. I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. 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. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the state's Open Meeting Act. All residents have a right to the public records that belong to them. That there was not a full and complete record and transparency.. 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. %%EOF Order OPA's officialOpen Meeting & Records book. It's The Law "Oklahoma Open Meeting Act" 25 O.S. 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. Regular and special meetings of the governing body are counted. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. Friday, January 6, 2023, the Oklahoma Turnpike Authority filed an appeal of the judgment in the Open Meeting Act lawsuit out of the Cleveland County District Court. 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. Read the reports and hear the stories onNPR member stations. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. 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. Sections 301-314) requires all public bodies to file advance notice of regularly scheduled and special meetings with the Secretary of State, as well as advance notice of changes in date, time, or location of regularly scheduled meetings.. In enacting the OMA, the Legislature promoted a new era in governmental accountability and fostered openness in government to enhance responsible decision making.1 Nothing in the OMA prohibits a public body from adopting an ordinance, resolution, rule, or charter provision that requires a greater degree of openness . For more information, emaillsutliff@okpress.com. On Monday, Drummond met with some of those upset Berryhill residents FOX23 introduced you toas well as state lawmakers from the area. Read MoreBroken Arrow couple wrongfully accused in death of one grandson suing guardian of other grandson, The victim in a soliciting case involvingJesse McFaddensays he texted her the night before seven bodies were found on the property where Jesse allegedly lived. Read More7 bodies found near Henryetta. 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.. Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. 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. I made it a priority to honor these requests, and my team went to work. As Oklahoma's attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. More:Journalist sues Oklahoma governor, attorney general over records request delays. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. 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. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. DEBRA SCHWARTZ Assistant Attorney General. Winds N at 5 to 10 mph. "As Attorney General, I will demand transparency. 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)! 2023 www.oklahoman.com. in their opinion, it's possible the turnpike authority violated the state's open meeting act. How could one ratify payments that were made pursuant to contracts that have been invalidated? An open records request also revealed the turnpike authority paid a public relations firm to acquire a list of potential turnpike opposition web domain addresses. We directly asked whether there was any reliance on the opinion of the legal counsel in voting on those agenda items.. of Title 25 of the Oklahoma Statutes; Intervals of clouds and sunshine. Learn about important legislative changes to the Open Meetings Act made during the past session. Labarthe said the agencys attorney, Phillip Whaley, disagrees, stating that because the announcement of the plan was not voted on by the board under the directors report, the rollout didnt constitute invalidation. You have permission to edit this article. Transportation spokeswoman Brenda Perry-Clark said the judge's decision was being evaluated after the ruling came out about 4:30 p.m. Thursday. 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. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. Low around 45F. when the next round of seminars are scheduled: Oklahoma Journalism Hall of Fame Induction, NA Webinar: Become a Photoshop Guru in 90 minutes, OMC Webinar: Accurately and Ethically Report on Addiction. Because the public body may not take action in the executive session, the minutes will show how the public body disposes of each matter discussed upon its return to the public session of the meeting. 4/25/2023Register now for 2023 Convention, 4/19/2023April Publisher available to download, 3/23/2023Free & Low-Cost Training from Poynter, 5/4/2023Oklahoma Journalism Hall of Fame Induction, 5/11/2023NA Webinar: Become a Photoshop Guru in 90 minutes, 5/11/2023OMC Webinar: Accurately and Ethically Report on Addiction, Membership Management Software Powered by. of this title shall be known and may be cited as the "Oklahoma Open Records Act". Ward said those involved in the meetings act violations could, if prosecuted by the district attorney, face a year in county jail or a fine of up to $500. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. The school board meeting is the most important event in the administration of public schools. Other non-council meetings such as the PWA are not included in the computation. The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. 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. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". Want to stay up-to-date on the latest news about open government and FOI Oklahoma? 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. All workshops are FREE to attend and no registration is required. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. 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. Oklahoma's Open Meetings Act (25 O.S. 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.. that relates to these laws. Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer.