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. 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. Rule - Requirements - Reporting of violations of Intent of laws Nonprofits Take Note: Open Meeting Laws May Apply to You The 22nd edition is available now and includes updates from the 2020 and 2021 legislative sessions. Oklahoma AG: It's time to shine a light on open government 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." Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. Labarthe filed the motion Friday with the Cleveland County Court Clerk. The turnpike authority also purchased several homes in the path of the proposed Norman area turnpikes. Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. 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. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. Short Title 2023 www.oklahoman.com. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, And then there may be errors that were substantive, that the OTA has a burden to sustain if it wants to continue doing what it, s request for an audit the OTA released a statement that, the Oklahoma Turnpike Authority welcomes the opportunity to demonstrate how well it manages its duties and fiscal responsibilities and is always looking ways to improve its processes. ", -- Oklahoma Attorney General Gentner Drummond. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? Attorney General's Telemarketer Restriction Act Consumer Registry, Workers Compensation and Insurance Fraud Unit (WCIFU), Criminal Justice Reclassification Coordination Council, Commission on the Prevention of Abuse of Elderly and Vulnerable Adults, Victim Services Boards, Councils and Task Forces. Defendants desire to exclude ACCESS Oklahoma from the scope of Opinion is not only tone-deaf and atrocious public policy, it flouts the Courts unmistakable intention, the motion read. As Oklahoma's attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. The Attorney General (1998 OK AG 45) determined "Oklahoma's Open Meeting Act Does Not Require That Public Bodies, Such as City Councils, Afford Citizens a Right to be Heard at Meetings Conducted Under the Act." The council has the right to limit citizens' comments. Oklahoma State School Boards Association Here's your chance. 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. 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. 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. 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. 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. High near 75F. 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. Mark your calendar and plan to attend. %%EOF 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." I am pleased to report that backlog has been eliminated, and we have fulfilled more than 34 additional Open Records requests since my taking office. The appeal challenges several of the courts findings, including that it had willfully violated the Act, and that its agenda items lacked sufficient details. 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. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. 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. The future of the Oklahoma Turnpike Authoritys $5 billion ACCESS Oklahoma plan is in question following a ruling the agency "willfully" violated the Oklahoma Open Meeting Act. PDF First Amendment Audit Guidelines - Oklahoma Email notifications are only sent once a day, and only if there are new matching items. . 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. But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations (discussed in more detail below) where the law authorizes the public body to close a meeting. How do I request an Attorney General opinion? 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. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. PDF Oklahoma Open Meeting Act: The Basics - Lawton Fort Sill Chamber They should have entered into brand new contracts with companies in compliance with the Open Meeting Act.. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. 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. 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. Oklahoma turnpike expansion in question after judge's ruling 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. DREW EDMONDSON Attorney General Of Oklahoma. Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. 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. Attorney sues OTA, contractors, seeking refund of nearly $42 million That included the fact that the OTA used what legal experts say was too-vague language on a 2017 agenda item its board voted on to take over the Gilcrease project. Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer. 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. Oklahoma turnpike expansion in question after judge's ruling Regardless, the good faith defense doesnt apply to outside entities like engineering firms, so theyre liable for the funds, Tarasov said. They can take it up with the supremes., In a statement, OTA spokesperson Brenda Perry Clark said the agency takes it work and the Courts ruling seriously., (OTA) must have certainty about the Board action invalidated as staff works diligently and evaluates the corrective actions to recommend to the Board, she stated. Gentner Drummond is the attorney general of Oklahoma. 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. 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. Attorney General Opinion 80-215 is hereby modified to the extent it applied the "decision-making authority" test to private organizations which were not "subordinate entities" as defined in Sanders v. Benton, 579 P.2d 815 (Okla. 1978). call for an audit of the Oklahoma Turnpike Authority. "I was like, 'Well, that's not going to affect me. 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. Read More7 bodies found near Henryetta. Thats not just my opinion; its the law. I believe in leading by example. Electronic and Telephonic Communications Open Meeting & Open Records Books. 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. It doesnt matter whether youre a news reporter or an interested resident. And its important that it not be swept under the rug and not mischaracterize what Olsen said in his ruling. However, opinions that conclude a statute is unconstitutional are advisory only. A husband's dread during an abortion ordeal in Oklahoma. A willful violation means business conducted during those meetings is invalid, Ward said at the time. The official announcement of ACCESS occurred during an item on the agenda, Directors report.. 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. Other non-council meetings such as the PWA are not included in the computation. Click here to donate online to support our journalism. We think this is the most dollar amount ever considered in the context of an open meeting case, he said. 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. 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. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. Record all action taken on the matters discussed. Winds N at 5 to 10 mph.. A mostly clear sky. 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. 307(F)(2). 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. Opinion No. 02-37, Opinion No. 02-37 (2002) - Casetext ", 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. All residents have a right to the public records that belong to them. How could one ratify payments that were made pursuant to contracts that have been invalidated? 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)! "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. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. 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. 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. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Winds ENE at 5 to 10 mph. 0:04. Order OPA's officialOpen Meeting & Records book. Read the reports and hear the stories onNPR member stations. Opinions This upcoming week is Sunshine Week, an annual celebration of access to public information and open government. "The Oklahoma Turnpike Authority has always endeavored to conduct its statutory mission to construct, operate, repair and maintain turnpike projects in an open and transparent manner," Perry-Clark said. 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. Open Meeting & Open Records Books - Oklahoma Press 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. 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.. 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. In that investigation, legal experts told FOX23,in their opinion, it's possible the turnpike authority violated the state's open meeting act. It OTA disputes that, then they take it up on appeal. W.A. Principally, that notices and publication were inadequate.. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. 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 . A. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. That there was not a full and complete record and transparency.. Low 52F. A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. 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. Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. "As Attorney General, I will demand transparency. EXCLUSIVE: Drummond says FOX23 Investigation, judge's ruling key in 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 filed an appeal with the states supreme court to re-decide whether it had indeed violated the Open Meeting Act. "The announcement was made at an early stage of development so that the public would have meaningful information about the OTAs long-range plans and the timing of future projects.". Open Meetings Act Training | Office of the Attorney General Open Meeting, Open Records Seminars - Oklahoma Press Association 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. PDF Understanding Oklahoma's Open Meeting and Open Records Act Attorney General opinion regarding whether Oklahoma law allows a company to sell its own real estate without having to obtain a real estate license.