Your municipal attorney is your legal advisor. 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. When you check in at a seminar, confirm that you complete the required CE form to receive credit. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. 2023 www.oklahoman.com. Here's your chance. The email cites an attorney general decision from 1981: If a public body concludes that it may have violated the provisions of the Open Meeting Act in a willful manner, the public body must fully reconsider those manners acted upon in violation of the Act. 18b (A(5)) provides the following language: The duties of the Attorney General as the chief law officer of the state shall be To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested. Winds NE at 5 to 10 mph.. 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. 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. (Techdirt valiantly tries to cover them here. %%EOF 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. 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. OKLAHOMA CITY --The General Counsel for the Oklahoma Department of Human Services has issued a written response on behalf of the Human Services Commission to Oklahoma County District Attorney David Prater regarding complaints his office received about the Commission's compliance with the Oklahoma Open Meeting Act."We do not believe there have been any violations of the Open Meeting Act and . And its important that it not be swept under the rug and not mischaracterize what Olsen said in his ruling. Mark your calendar and plan to attend. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. Read More7 bodies found near Henryetta. 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. "The OTA first announced the $5 billion long-range turnpike expansion and improvement plan at the Dec. 7, 2021, board meeting, and thereafter made OTA representatives available to the media in order to publicize the announcement as much as possible," Perry-Clark said. High 76F. a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority", Information provided to the public such as what you. It OTA disputes that, then they take it up on appeal. A governing body member can be removed by operation of law if he or she is absent for more than one-half of all meetings of the governing body within any four consecutive months. Attorney General's Telemarketer Restriction Act Consumer Registry, Workers Compensation and Insurance Fraud Unit (WCIFU), Criminal Justice Reclassification Coordination Council, Commission on the Prevention of Abuse of Elderly and Vulnerable Adults, Victim Services Boards, Councils and Task Forces. :eV#Ln$j2Z_NRs+8s5Vvh44\_h%$W8#Ab8_ Regardless, the good faith defense doesnt apply to outside entities like engineering firms, so theyre liable for the funds, Tarasov said. 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. The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. 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. Continuing education credit hours are available from the following groups. 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. 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 agenda items were void of any description of the routes for which the business being transacted were necessary.. "I was like, 'Well, that's not going to affect me. 2:08. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. DEBRA SCHWARTZ Assistant Attorney General. 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. Wards motion to settle contends the judges ruling in favor of his clients was interpreted that the entire ACCESS Oklahoma Program rollout was improperly launched, it read. 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. 2511 0 obj <>stream 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. A couple weeks after the FOX23 Investigation airedDrummond announced he was calling on state auditor Cindy Byrd to audit the OTA. On Monday, Drummond met with some of those upset Berryhill residents FOX23 introduced you toas well as state lawmakers from the area. Attorney Stan Ward filed the latest. 307(F)(2). a5!{: mPeB}. Under the Act, agendas for regular and special meetings must be posted in a publicly-accessible location for at least . You are entitled to inspect most public records as promptly as possible. Winds ENE at 5 to 10 mph. But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. of this title shall be known and may be cited as the "Oklahoma Open Records Act". Regular and special meetings of the governing body are counted. It turns out another legal expert was watching the story. Note: This post was updated on March 27, 2020 to include the FAQ #2 at the time it was released by the Attorney General. "Meeting" Defined 25 O.S. It doesnt matter whether youre a news reporter or an interested resident. The school board meeting is where school board members discuss and take action on a variety of matters involving the district. 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. Attorney General opinion regarding the rule-making powers vested in the State Board of Education and under what authorities the State Board may promulgate its proposed rules. Attorney General opinion regarding the duties of the Office of Management and Enterprise Services (OMES) in acquisitions by state agencies, including whether OMES is required to verify an agencys claim that an acquisition is exempted from requirements of the Central Purchasing Act. Winds N at 5 to 10 mph. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. Ask about the reason for the request to determine if a search fee should be charged because the request is for a commercial purpose. State and local government records are open only to Oklahoma taxpayers. A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. Title 25, Section 307(B)(1) of the Oklahoma Open Meeting Act provides that public bodies may hold executive sessions to discuss certain subjects involving an" individual salaried public officer or employee." 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. Under the Open Meeting Law, the public is. And then there may be errors that were substantivethat the OTA has a burden to sustain if it wants to continue doing what its doing., In response to Drummonds request for an audit the OTA released a statement that says in part, 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.". )I am far from done with reading and analyzing the bill language, but already I can spot a couple of places where the bill would threaten encryption, so . 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. 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. The Attorney General looks at the conversion of the State Board of Health to a purely advisory body. 304(2). Such reconsideration, of course, must be done in compliance with the Act., That decision also reads, the word willful in [state law] does not require a showing of bad faith, malice or wantonness, and includes unintentional violations.. Sign up now to get our FREE breaking news coverage delivered right to your inbox. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the states Open Meeting Act. This can be done many ways. TULSA, Okla.In an exclusive one-on-one sit-down, Oklahoma Attorney General Gentner Drummond said records uncovered in a FOX23 Investigation are part of what led him to call for an audit of the Oklahoma Turnpike Authority. 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. In that investigation, legal experts told FOX23,in their opinion, it's possible the turnpike authority violated the state's open meeting act. 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. 0 TULSA, Okla. In an exclusive one-on-one sit-down, Oklahoma Attorney General Gentner Drummond said records uncovered in a FOX23 Investigation are part of what led him to call for an audit of. The spokesperson said the OTAs ratification action at its January 2023 board meeting sufficiently rehabilitated what the Court found to be deficient.. District Judge Timothy Olsen granted summary judgment on all counts in the case in which attorneys representing homeowners in the path of a new turnpike alleged the turnpike authority changed agendas to prevent the public from getting details of the ACCESS Oklahoma plan in advance of it being presented to the Oklahoma Turnpike Authority board. 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. Sorry, there are no recent results for popular commented articles. Box 1300 Wewoka, OK 74884 Dear District Attorney Smith: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the Oklahoma Open Meeting Act permit a county board of equalization Under the Open Records Act, government agencies may NOT do which of the following? 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." 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. 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. AG Opinion 2022-6 November 16, 2022 The appeal challenges several of the courts findings, including that it had willfully violated the Act, and that its agenda items lacked sufficient details. We directly asked whether there was any reliance on the opinion of the legal counsel in voting on those agenda items.. The book also includes a plain-English digest of every court ruling and attorney general opinion Thats not just my opinion; its the law. 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. 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. It includes the complete text of AG Opinion 2022-8 January 6, 2023 Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. Read MoreGov. Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. You have permission to edit this article. The appeal cites several. Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. You have permission to edit this article. 25 O.S. "OTA's Board complied with Attorney General opinion 1981 OK AG-214 when it fully reconsidered and voted to approve the contracts pursuant to OMA-compliant agenda items at its Jan. 3 regular . Read the reports and hear the stories onNPR member stations. The Oklahoma Open Meeting Act, 25 O.S. Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. 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. Mark your calendar and plan to attend. 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 . 201 N.E. These matters include developing and revising policies, approving fundraisers, hiring new employees, approving school . Plaintiffs request the Court to set this matter for hearing at its earliest opportunity so a journal entry may be entered.. In an exclusive investigation earlier this month, FOX23 uncovered records of backroom conversations, ignored warnings, and a behind-closed door meeting between OTA officials and other Tulsa-area leaders about the controversial project to toll a once-free portion of the Gilcrease Expressway west of Tulsa. hTO[U?- Low 52F. 74 O.S. 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. 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. Generally, public officials are required to act in accordance with an Attorney General opinion unless or until the opinion is set aside by a court. 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. 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)! I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. All residents have a right to the public records that belong to them. Other non-council meetings such as the PWA are not included in the computation. Transportation Secretary Tim Gatz first announced a $5 billion, 15-year bond issue to expand and improve the toll road network at the turnpike authority's December 2021 meeting. The turnpike authority was still going through the order late Thursday and could not answer whether it means work will be put on hold or whether the order will be appealed. Accordingly, a private non-profit entity such as OSA would be a public body, and therefore subject to the Open Meeting Act, if it satisfies one of the following conditions: (i) supported in whole or in part by public funds, (ii) entrusted with the expending of public funds, or (iii) the administering of public property. No one should have to resort to litigation to obtain a public record. This upcoming week is Sunshine Week, an annual celebration of access to public information and open government. A local attorney who sued the Oklahoma Turnpike Authority for Open Meeting Act violations and won is now suing the agency and its contractors. 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. 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. DREW EDMONDSON Attorney General Of Oklahoma. Olsen declared the open meetings act violation was "willful." "The agendas for the meetings in question clearly do not comply with the (Open Meeting Act)," Olsen said. Go to Open Meetings The Open Meetings Act (OMA) took effect January 1, 1977. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. 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 . As Oklahomas attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. Local organizations are invited, including city council representatives, county offices, school board representatives, attorneys, agency representatives and law enforcement. 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. One function of the Attorney General is to issue opinions to legislators and other state officers regarding questions of law in which the officer is officially interested. Intervals of clouds and sunshine. 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.. 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. 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. A husband's dread during an abortion ordeal in Oklahoma. Those documents can be accessed below, along with a copy of the final bill language. 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. StateImpact Oklahoma is a partnership among Oklahomas public radio stations and relies on contributions from readers and listeners to fulfill its mission of public service to Oklahoma and beyond. 2502 0 obj <>/Filter/FlateDecode/ID[<60A1C82621210A40B355C0484E4F2BFE>]/Index[2490 22]/Info 2489 0 R/Length 78/Prev 901037/Root 2491 0 R/Size 2512/Type/XRef/W[1 3 1]>>stream 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. Electronic and Telephonic Communications Read MoreVigil held in Henryetta after seven bodies found, The City of Broken Arrow held a groundbreaking ceremony on Monday for the start of construction on its 40-plus-acre Elam Park. 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. 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. Winds N at 5 to 10 mph.. A mostly clear sky. 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. Information provided to the public such as what youve discovered and others, principally a state court judge in Cleveland County, puts my office on notice that we need to examine, Drummond told FOX23. 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. 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. How do I request an Attorney General opinion? 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. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. I . 0:04. Business to be transacted as meaning all matters to be discussed at a meeting of a public body must be listed on the agenda for the meeting, he argued in the motion. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. 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. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, A number of things could happen depending on what the audit does or doesn. Attorney General opinion regarding whether Oklahoma law allows a company to sell its own real estate without having to obtain a real estate license. Oklahoma Attorney General Opinion 02-26. of Title 25 of the Oklahoma Statutes; , __ __ Section 24A.1 et seq. High near 75F. Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. 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. 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. . See 25 O.S.2011, 304(1).3 The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. In that investigation, legal experts told FOX23. 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.. Order OPA's officialOpen Meeting & Records book. A map showing proposed turnpike routes for the ACCESS Oklahoma Turnpike project. Julie Pittman, General Counsel and Thomas Schneider, Deputy General CounselOffice of the Oklahoma Attorney General. 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. Sunny. "It seems as if we prosecute some crimes more vigorously than we prosecute others.". "We respect the courts decision and will go about bringing new items of business, to correct what the court found to be deficient, for the Authority Boards consideration.". 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.
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