OSU police to student newspaper: Sue us if you want names that were redacted from incident report on alleged rape

OSU police officials on Monday redacted from an incident report the names of a female student filing a rape complaint and of the male student suspect, The Daily O'Collegian reported.

"Take us to court if you want to try to get us to release it," OSU police Capt. Richard Atkins told the student newspaper.

Atkins said the suspect and complainant know each other and that police had interviewed the man twice. He said OSU police also had served the man with an emergency protective order.

Even so, Atkins said releasing the suspect's name might harm the ongoing investigation.

The Oklahoma Open Records Act requires police departments to release the "initial offense report information showing the offense, date, time, general location, officer, and a brief summary of what occurred.” offense, date, time, general location, officer, and a brief summary of what occurred." (OKLA. STAT. tit. 51, § 24A.8(A)(3))

The newspaper noted that the police had not released the complete incident report because the names had been redacted.

OSU police routinely redact the names of sexual assault complainants from incident reports.

Several years ago, a student in my public affairs reporting course wrote about this practice by the OSU police and the Stillwater police. Officials in both departments claimed that they were required by state law to remove the names.

However, the statute cited by the departments doesn't give police permission to withhold names from police reports. Instead, it permits victims of domestic abuse, sexual assault or stalking to apply with the Oklahoma Secretary of State for a false address "to prevent their assailants or probable assailants from finding them." (OKLA. STAT. tit. 22, § 60.14(D))

The purpose of the Address Confidentiality Program is to enable state and local agencies to respond to requests for public records without disclosing the true location of a victim.

“A program participant may request that state and local agencies use the address designated by the Secretary of State as the address of the participant. When creating a new public record, state and local agencies shall accept the address designated by the Secretary of State as a substitute address for the program participant,” according to the statute.

When the student reporter pointed out this difference, Stillwater police said they would change their policy. I cannot vouch for whether they did.

OSU police officials at the time said they would continue redacting the names.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications


The opinions expressed in this blog are those of the commentators and do not necessarily represent the position of FOI Oklahoma Inc., its staff, or its board of directors. Differing interpretations of open government law and policy are welcome.

Jet incumbent signs Open Government Pledge

Jet's clerk-treasurer has promised to "comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws."

Donna S. Keller is seeking re-election in the general election Tuesday.

By signing FOI Oklahoma's Open Government Pledge, Keller also promised "to support at every opportunity the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government so that they can efficiently and intelligently exercise their inherent political power."

FOI Oklahoma began the Open Government Pledge in 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.

Instructions and a list of signers for the 2011 and previous elections can be found on FOI Oklahoma’s website.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications

Municipal candidates in Cherokee, Minco, Vinita pledge to comply with spirit, letter of Oklahoma's open government laws

Candidates for local offices in Cherokee, Minco and Vinita have signed FOI Oklahoma's Open Government Pledge.

They promised to "comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws" if elected.

Two are incumbents seeking re-election: Jimmy Rice, who holds the Minco City Council Ward 3, Position 1, seat; and Diana Williamson, who represents Ward 1 on the Cherokee City Commission.

The other candidates are Carol Austin, who is seeking the Ward 2 slot on the Vinita City Council, and Ricky Anthony, who is running for the Minco City Council Ward 1, Position 1, seat.

By signing FOI Oklahoma's Open Government Pledge, the candidates also promised "to support at every opportunity the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government so that they can efficiently and intelligently exercise their inherent political power."

Municipal elections are April 5.

FOI Oklahoma began the Open Government Pledge in 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.

Instructions and a list of signers for the 2011 and previous elections can be found on FOI Oklahoma’s website.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications

Minco mayoral, council candidates sign Open Government Pledge

Candidates for Minco mayor and City Council have promised to "comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws" if elected.

By signing FOI Oklahoma's Open Government Pledge, Watson Mitchell and Matt Carel also promised "to support at every opportunity the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government so that they can efficiently and intelligently exercise their inherent political power."

Carel is seeking the vacant Council Ward 3, Position 2, seat. Mitchell is a mayoral candidate.

Municipal elections are April 5.

FOI Oklahoma began the Open Government Pledge in 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.

Instructions and a list of signers for the 2011 and previous elections can be found on FOI Oklahoma’s website.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications

State auditor endorses idea of creating agency to help Oklahomans when public officials violate open government laws

State Auditor Gary Jones recently endorsed the idea of empowering a state agency to help Oklahomans when state and local officials wrongly refuse access to government records or disobey the Open Meeting Act.

"I think that's something we ought to do. Perhaps that's something we can do in this office," Jones told FOI Oklahoma's fourth annual Sunshine Week Conference on March 12.

The Republican, who was elected in November, said he would "talk to folks" about that possibility.

Jones' impromptu comments came after listening to the conference's keynote speaker, Robert J. "Bob" Freeman, describe the operations of the New York State Committee on Open Government.

The committee was the nation's first state agency created by statute to help residents with open government problems. Freeman was legal counsel for the committee at its inception in 1974 and became its executive director in 1976.

Freeman said such an agency must have political protection so that it can speak the truth about the law regardless of who asks the question.

"If a day goes by and I haven't upset someone in government, then I didn't go to work," he said.

Freeman and the committee are responsible for overseeing the implementation of New York's open government laws and administering its Personal Privacy Protection Law. Freeman has written more than 24,000 advisory opinions on behalf of the committee at the request of government officials, the public and the news media. He also has provided several thousand oral opinions by telephone.

Freeman emphasized that anyone can ask the committee for an opinion. In contrast, only legislators, state officials and district attorneys may ask the Oklahoma attorney general for an opinion related to the Open Records and Meeting laws. (OKLA. STAT. tit. 74, § 18b (A)(5))

In New York, the state attorney general sends open government questions to Freeman and the committee rather than offering opinions. Freeman said he considers elected officials "inherently untrustworthy" but also emphasized it doesn't sense for the attorney general to handle FOI issues because that office must represent state agencies in court.

The New York State Committee on Open Government is part of the N.Y. Department of State. Its staff consists of only Freeman and one other person.

"We're cheap and easy," Freeman said. "We're the smallest government agency that actually does something."

He said that for such an agency to be successful, it must develop a reputation for being an expert and for being impartial regardless of political affiliations.

"We don't favor Democrats or Republicans," said Freeman, a registered independent. "We write opinions and pick up the phone simply because it rings."

Freeman said he also uses the political clout of the news media, especially the state's smaller newspapers, to keep politicians from interfering with the committee's work.

While Freeman's opinions are only advisory, he said courts typically agree with them when the issues go to court.

Being an advisory agency helps resolve problems "on the spot." In contrast, he noted, the Connecticut Freedom of Information Commission has the authority to order disclosure but the process can take months and then the agency can appeal.

Freeman emphasized that a law degree is not needed to understand open government laws.

"These laws are just not that difficult to understand," he said "If you can read, and understand, and learn, there's nothing special about being a lawyer."

Freeman criticized government attorneys whose advice to public bodies and agencies contradicts the actual open government laws.

"They are giving their boards the answers they think the board wants to hear," he said.

Freeman also explained why jail time and fines aren't effective deterrents to open government violations. "Judges and district attorneys don't put their friends in jail. It's just that simple," he said.

But under New York law, courts can order training by Freeman for the public officials who have violated the state's open government laws.

"In reality, it's much more effective," said Freeman, noting that the training occurs in a well-publicized public meeting.

Freeman urged Oklahomans who believe they have been wrongly denied access to government records or who believe a public body has violated the Open Meeting Act to tell local reporters.

"By shedding light on the situation, good things start to happen," he said.

Use the Rolling Stone principle, Freeman said. "You can't always get what you want, but if you try, you might get what you need."


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications


The opinions expressed in this blog are those of the commentators and do not necessarily represent the position of FOI Oklahoma Inc., its staff, or its board of directors. Differing interpretations of open government law and policy are welcome.

Glenpool, Minco council candidates promise to comply with spirit, letter of open government law

Two candidates for city councils in Minco and Glenpool have signed FOI Oklahoma's Open Government Pledge promising to "comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws" if elected.

Doug Denard and Alyce Korb also also promised "to support at every opportunity the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government so that they can efficiently and intelligently exercise their inherent political power."

Korb is seeking the at-large seat on the Glenpool City Council.

Denard, a former mayor of Minco, is running for the town's Ward 2, Position 2, council seat.

Municipal elections are April 5.

FOI Oklahoma began the Open Government Pledge in 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.

Instructions and a list of signers for the 2011 and previous elections can be found on FOI Oklahoma’s website.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications

Silent auction raises nearly $500 for Sunshine Fund to defend open government

FOI Oklahoma's silent auction raised nearly $500 for its Sunshine Fund to defend open government, said Bryan Dean, the organization's president.

The auction, held during the Sunshine Week Conference on Saturday in Oklahoma City, was the non-profit's first such attempt to raise money for the fund.

"Not bad for a first effort," said Dean, a reporter for The Oklahoman. "Next year, it will be bigger and better, so save up your money now."

In January, FOI Oklahoma awarded its first $1,000 grant from the fund to help support the costs of an Open Meeting Act lawsuit filed by non-journalists.

Through grants to plaintiffs and by initiating its own lawsuits, the organization hopes to discourage "obvious and egregious" violations of the state's Open Meeting and Open Records laws.

Donations to the Sunshine Fund also can be mailed to 215 E. Sixth St., Edmond, OK 73034. Please make checks payable to FOI Oklahoma Inc. but note that the donation is for the Sunshine Fund.

Candidate for Blanchard City Council pledges support for open government

Frank Broyles has pledged to "comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws" if elected to the Blanchard City Council.

By signing FOI Oklahoma's Open Government Pledge, Broyles also promised "to support at every opportunity the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government so that they can efficiently and intelligently exercise their inherent political power."

Broyles is seeking the Ward 4 seat in the April 5 election.

Instructions and a list of signers for the 2011 elections can be found on FOI Oklahoma’s website.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications

Beggs councilman signs Open Government Pledge

Beggs City Councilman O. G. Corky Thompson has pledged to "comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws."

By signing FOI Oklahoma's Open Government Pledge, Thompson also promised "to support at every opportunity the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government so that they can efficiently and intelligently exercise their inherent political power."

Thompson is seeking another term as the Ward 2 council member in the April 5 election.

Instructions and a list of signers for the 2011 elections can be found on FOI Oklahoma’s website.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications

Opala First Amendment Award, FOI awards, college essay winners announced

Joann Bell, who retired recently after 24 years with the American Civil Liberties Union of Oklahoma, was named winner of FOI Oklahoma’s Marian Opala First Amendment Award on Saturday.

The organization also presented its Ben Blackstock Award to The Oklahoman for its work to keep state employee birth dates open, and its Sunshine Award to state Rep. Jason Murphey, R- Guthrie, for his sponsorship and support of bills to increase transparency in government.

The Black Hole Award winner was state Rep. Randy Terrill, R-Moore, for working to exempt state employees’ birth dates.

FOI Oklahoma also announced winners of its first open government-themed essay contest for college students. First place went to Nicole Hill of the University of Oklahoma. The second- and third-place winners were Oklahoma State University students Lisa Watkins and Elizabeth Goodfellow. The students won cash prizes of $300, $200 and $100.

The awards presentation was part of day-long activities in conjunction with Sunshine Week, which highlighted "Local Heroes" across the country who have played significant roles in fighting for open government.

The Opala Award, named for the late state Supreme Court Justice Marian Opala, recognizes individuals who have promoted education about or protection of the individual rights guaranteed by the First Amendment.

Bell, of Harrah, started with the ACLU as a part-time litigation coordinator in 1987 and then became the Oklahoma ACLU’s second executive director in 1988.

Bell went to work with the ACLU after a long but successful court battle. She was a plaintiff in a seminal 10th Circuit Court case on the separation of church and state. (Bell v. Little Axe Independent School District, 766 F. 2d 1391 (1985))

Bell, a member of the Church of the Nazarene, and her co-plaintiff pursued the lawsuit in the face of hostility from the community.

The Oklahoman was named winner of the Blackstock Award, which goes to a non-governmental person or organization that has shown a commitment to freedom of information.

The newspaper won the award for its work to keep state employees birth dates available. The Oklahoma Public Employees Association wants the birth dates added to a list of information that is exempt from the state Open Records Act. Current exemptions in the law include employees’ Social Security numbers, home address and telephone numbers.

Former Attorney General Drew Edmondson said the birth dates should be considered available to the public unless there are overriding reasons to shut them off. The OPEA has gone to court to prevent the state from making birth dates available upon request. The case is pending.

Meanwhile, Terrill was named winner of the Black Hole Award – presented to someone who thwarts the free flow of information – for, among other things, introducing legislation that would exempt government employees' birth dates from the Open Records Act.

Murphey, a former member of the Guthrie City Council, received the Sunshine Award, which goes to a public official or governmental body that has shown a commitment to open meetings and open records.

He was elected to the state Legislature in 2006, campaigning on a platform of never accepting contributions or gifts from lobbyists or groups that employee lobbyists.

He has been an advocate of transparency in government since arriving at the state Capitol. A bill introduced by Murphey would require the Legislature to comply with the state Open Meeting and Open Records laws – just as any other state agency must do.

This was the fourth year for the awards. Last year’s winners were the Tulsa World for the Blackstock Award, Kristy Yager of the city of Oklahoma City for the Sunshine Award, and Lindel Hutson, former Oklahoma Associated Press bureau chief, for the Opala Award. The Black Hole Award went to Oklahoma County District Attorney David Prater and the Oklahoma city attorney's office.

FOI Oklahoma is a statewide organization that for 21 years has promoted education of the public on the First Amendment and openness in government. The organization counts among its members journalists, librarians and educators.

OPUBCO suite for 40 at Redhawks game, one-night stay in a Colcord Hotel suite among items in silent auction to benefit Sunshine Fund defending open government

An evening in the OPUBCO suite for up to 40 people at an Oklahoma City Redhawks game of the winning bidder's choice is among the items in a silent auction Saturday during the Sunshine Week conference in Oklahoma City.

The money raised will go into FOI Oklahoma's Sunshine Fund. In January, the organization awarded its first $1,000 grant from the fund to help support the costs of an Open Meeting Act lawsuit filed by non-journalists.

Bidders don't have to attend the conference at The Oklahoman, 9000 N. Broadway, which begins at 9 a.m. (Enter from Britton Road.)

Bidding will close at 3:45 p.m. Other items in the auction are:

• A one-night stay, good through Oct. 15, in the Colcord Hotel's Executive King Suite.


• A $40 gift certificate to Earl's Rib Palace in Edmond.


• An original, framed landscape painting by Sue Hale of In Your Eye Studio and Gallery.


• A framed, black-and-white print of Oklahoma City's famed Milk Bottle Building by Greg Burns.


• Arena Legacy: The Heritage of American Rodeo (The Western Legacies Series) by Richard C. Rattenbury.


• CD: "Bob Dylan: The Witmark Demos, 1962-1964" All version of the songs were previously unreleased.


• CD/DVD: "Leonard Cohen: Songs from the Road" Live from the 2008-2009 tour; 12 songs on CD and DVD.


• Baseball in the Cross Timbers: The Story of the Sooner State League, by Peter G. Pierce.


• Jazz CD collection: Charles Mingus (Mingus Ah Um. 2 disc set); Miles David (Sketches of Spain); and Dave Brubeck (Legacy of a Legend, 2 disc set). Each CD was released in 2009 or 2010 and are legacy events.


• Sony tabletop HD Radio with IPOD Docking Stand.


• Two sets of nails or gel manicures at Le Fringe Salon & Spa in downtown Oklahoma City.

FOI Oklahoma Inc. also is accepting donations for the Sunshine Fund. Through grants to plaintiffs and by initiating its own lawsuits, the organization hopes to discourage "obvious and egregious" violations of the state's Open Meeting and Open Records laws.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications

OSU Student Government Association violates Open Meeting Act, not posting agendas online

OSU's Student Government Association doesn't send meeting notices to the county clerk as required by the Open Meeting Act and doesn't post agendas for regularly scheduled meetings on its website as required by another state statute, The Daily O'Collegian reported Tuesday.

Most troubling, though, is that once again an SGA official was adamant that the public body doesn't have to comply with the Open Meeting Act.

And, according to the student newspaper, SGA's attorney didn't want to be quoted on whether the SGA must comply with the Open Meeting Act.

But OSU legal counsel Doug Price once again confirmed that it does.

Why SGA officials would think otherwise is a mystery.

A 1979 attorney general opinion specifically says that OSU's SGA and Residence Hall Association must comply with the Open Meeting Act.

Both organizations are sub-entities of a board of higher education and have actual or de facto decision-making authority, according to the opinion. (1979 OK AG 134)

"These two bodies have the authority to make decisions concerning the student population of the University from which no student may be exempted and also make decisions concerning the dispersement [sic] of funds collected," the Attorney General's Office reasoned. (Id. ¶ 2)

This attorney general opinion isn't difficult to understand. It's only four paragraphs long.

That SGA officials must comply with the Open Meeting Act shouldn't be news to them or their adviser given that The Daily O'Collegian has reported on three previous violations in the past nine years.

Almost two years ago to the day, Price told the newspaper that the SGA violated the law when senators went into an executive session not posted on its agenda.

In 2007, the SGA impeachment of its president was nullified -- at the urging of Price -- because senators had voted in an emergency meeting by secret ballot.

In 2002, the SGA conducted an executive session not specified on the agenda and for a topic not permitted under the Open Meeting Act.

And in January 2008, I spoke to the full SGA about why and how the Open Meeting Act applies to them.

But it just doesn't seem to sink in.

I've suggested several times that SGA senators receive annual training in the Open Meeting and Open Records laws. But that advice seems to go unheeded.

It's a crime to violate the Open Meeting Act. Actions taken in violation of the statute can be declared invalid by a court.

Will someone have to file a criminal complaint against these student politicians and ask a judge to nullify their decisions before they treat our open government laws with respect? Perhaps that would be a lesson remembered by those who go on to serve in governments affecting us all.


Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications