Oklahoma Sunshine ’13: Fighting for an Open Government

As Gov. Mary Fallin claims privileges for secrecy, two states provide opposing models for public access to a governor's emails and other correspondence.
 
In Louisiana, the Jindal administration's broad interpretation of "deliberative process" has spread outside his office to be used as a justification for withholding records on controversial and politically sensitive topics. In contrast, Florida's governor created an online system that releases email by him and his top staff members.
 
At FOI Oklahoma's Sunshine Week Conference on March 9, experts from Louisiana and Florida will discuss how these differing approaches to transparency affect what the public knows about the formulation of state policies.
 
Also on the program:
 
Oklahomans have limited options when officials wrongly deny access to a record or meeting. But other states in 2012 gave the public someone to go to for help.
 
Maine's first public access ombudsman and the chairman of Iowa's new Public Information Board will explain their roles in making government accessible and give advice on creating an appeals process in Oklahoma that doesn't require going to court.
 
The conference will be at OU's Gaylord College of Journalism and Mass Communication, 395 W. Lindsey St., Norman.
 
March 6 is the advance deadline for registration.
 

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

 

State Senate committee recommends school board members take open government training

New school board members would have to undergo at least one hour of training in the state's Open Records and Meeting laws, under a bill recommended Monday by the Senate Education Committee.
 
Senate Bill 91, by Sen. Eddie Fields, R-Wynona, would amend current training requirements for school board members that must be completed within 15 months of being elected or appointed.
 
Otherwise, the school board member must vacate the seat and cannot be reappointed or re-elected for three to five years, depending upon how many members serve on the school board. (Okla. Stat. tit. 70, 5-110(C))
 
That's an important difference from the open government training requirement for newly elected municipal officials. That statute requires the training to be completed in their first year of office or they "shall cease to hold the office." However, it doesn't explicitly prohibit them from being reappointed once the training is completed. (OKLA. STAT. tit. 11, § 8-114(E))
 
In December, Kiowa trustees reinstated a former trustee who had been forced to resign because he hadn't taken the training.
 
SB 91 was approved unanimously by Sens. Josh Brecheen, Earl Garrison, Jim Halligan, David Holt, Ron Sharp, Wayne Shaw, Gary Stanislawski and John Ford.
 

 
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.

Guthrie councilman signs Open Government Pledge

Guthrie Councilman John Wood has pledged to support the letter and spirit of Oklahoma's open government laws if re-elected April 2.
 
By signing FOI Oklahoma's Open Government Pledge, Wood 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."
 
Wood, a political science professor at Rose State College, has represented Ward 1 since 2009. He earned three academic degrees from OSU: a bachelor's in journalism, master's in political science, and doctorate in environmental policy and conflict.
 
FOI Oklahoma began the Open Government Pledge in spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

Norman mayor renews supports for open government

Norman Mayor Cindy Rosenthal has re-signed FOI Oklahoma's Open Government Pledge as she seeks re-election on April 2.
 
As she did in 2010, Rosenthal promised to comply with the letter and spirit of Oklahoma's open government laws.
 
Rosenthal also pledged 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."
 
Rosenthal has served as mayor since 2007 after serving as a council member for the previous three years.
 
One of Rosenthal's two opponents, Thomas E. Sherman, signed the pledge in January.
 
FOI Oklahoma began the Open Government Pledge in spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

DA changes mind about requiring lawsuit to obtain records

OSU's student newspaper won't have to sue Payne County District Attorney Tom Lee to get him to turn over the dates of employment of a former assistant.
 
Lee faxed the dates and other personnel information on Thursday afternoon to The Daily O'Collegian and to The Oklahoman, whose reporter had requested the dates earlier that day.
 
Lee, who also is district attorney for Logan County, had told The Daily O'Collegian on Wednesday that it would have to sue him if it wanted him to release the employment dates of former Assistant District Attorney Jill Tontz.
 
His refusal came despite the state Open Records Act explicitly requiring that employment dates for government employees be available to the public. (Okla. Stat. tit. 51, § 24A.7(B)(3))
 
Lee had said he preferred an Open Records Act lawsuit by the newspaper rather than a lawsuit by Tontz. He didn't explain the grounds on which Tontz could sue him. The Open Records Act says public officials can't be held civilly liable for damages when they release information in compliance with the statute. (Okla. Stat. tit. 51, § 24A.17(D))
 
Lee should never have denied access to the information, but at least he changed his mind without the need for a court order.
 

 
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.

DA: Sue me if you want records

The district attorney for Payne and Logan counties told the OSU student newspaper Wednesday that it would have to sue him if it wants to know the employment dates of a former assistant.
 
Otherwise, Tom Lee said he won't release the information even though -- as The Daily O'Collegian reporters pointed out -- the state Open Records Act explicitly requires that employment dates for government employees be available to the public. (Okla. Stat. tit. 51, § 24A.7(B)(3))
 
In a recorded interview, Lee cited no exemption, saying only that the information about Jill Tontz is an "internal personnel issue."
 
"We will resist that," Lee said in response to being read the Open Records Act provision.
 
"If I get sued, I’d rather get sued by your newspaper than her," Lee said.
 
But the Open Records Act says he can't be held civilly liable for damages for releasing records in accordance with the Open Records Act. (Okla. Stat. tit. 51, § 24A.17(D))
 
The statute does not create a right of individual informational privacy that would block access to government-held information. Instead, the statute says, "The privacy interests of individuals are adequately protected in the specific exceptions to the Oklahoma Open Records Act or in the statutes which authorize, create or require the records." (Okla. Stat. tit. 51, § 24A.2)
 
The reporters said Lee also asked why they wanted the information. But a 1999 attorney general opinion said public officials could ask only for enough information to determine if a search fee should be charged.
 
Otherwise, the opinion said, "In no event could a public body or public official ever require a requestor to provide the reason for a request for access to records...." (1999 OK AG 55, ¶¶ 18-19)
 
Reporters cannot be charged a search fee.
 
Lee was appointed to the job by Gov. Mary Fallin two years ago this month.
 
Lee's refusal to abide by the Open Records Act is outrageous and an insult to the public.
 
Here is Lee, the official responsible for enforcing the Open Records Act, blatantly violating the law. And if Lee won't comply with the law, why should other public officials in Payne and Logan counties do so?
 
So whom is the newspaper supposed to turn to for help? State Attorney General Scott Pruitt? The AG's Office has long maintained that it has no authority to enforce our open government statutes.
 
Coincidently, House Bill 1450 by Rep. Jason Murphey, R-Guthrie, would give Oklahomans the right to appeal record denials to the attorney general, who would be given the power to order the document released immediately. Best solution? Not sure.
 
Maine's first Public Access Ombudsman and the chairman of Iowa's new Public Information Board will be among the speakers for FOI Oklahoma's upcoming 2013 Sunshine Week Conference. They will explain their roles in making government accessible to the public and give some advice on which approach Oklahoma should eventually adopt.
 
In the meantime, Lee expects the public to file expensive and time-consuming lawsuits to obtain information guaranteed by the Open Records Act. It's no skin off his nose. If the newspaper were to sue and win, its attorney's fees wouldn't come out of his pocket. Taxpayers would pick up the tab.
 
But violating the Open Records Act is also a misdemeanor, punishable by up to one year in the county jail and a $500 fine.
 
I've suggested that the newspaper file a criminal complaint against Lee and also a complaint with the Oklahoma Bar Association.
 
Lee's refusal to provide the information exemplifies why Oklahomans need a change in the way their Open Records Act is enforced.
 
Because we cannot count on district attorneys to support the inherent right of Oklahomans "to know and be fully informed about their government." (OKLA. STAT. tit. 51, § 24A.2)
 

 
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.

Pledge signers are elected to school boards for first time

Lynne Hardin and Melissa M. Abdo are the first school board members to have signed FOI Oklahoma's Open Government Pledge.
 
Hardin was elected Tuesday to lead the Oklahoma City School Board. She defeated incumbent Angela Monson by 169 votes, 3,376 to 3,207.
 
Abdo ran unopposed for the Jenks School Board.
 
As candidates, Abdo and Hardin promised that they and the school districts they were elected to govern "will comply with not only the letter but also the spirit of Oklahoma’s Open Meeting and Open Records laws."
 
They also pledged "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 spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

Proposed OSU policy would force faculty lawsuits for personnel documents guaranteed by Open Records Act

A proposed policy change would force Oklahoma State University faculty to sue the school to obtain un-redacted copies of certain personnel records even though they are entitled to the complete documents by the Open Records Act.
 
At issue is faculty member access to original peer-review letters, written by professors at other universities, that OSU officials use in deciding whether to grant tenure and promotions to faculty.
 
Under OSU's current policy, faculty members may obtain the original letters if they chose not to waive their right to them under the Open Records Act.
 
But the proposed change would drop the waiver option and provide faculty members with copies of their letters only after each "external reviewer's name, institutional affiliation and relationship with the candidate are redacted."
 
"The University will provide the candidate with copies of the original external letters, which reveal the identities of the letter writers, only when required to do so by a legal proceeding," the RTP Task Force recommended in November.
 
(I note that in lieu of an expensive lawsuit, faculty would be entitled under the Open Records Act to file a criminal complaint against the individual university official refusing to provide a record in violation of the statute. The maximum punishment is a $500 fine and one year in the county jail.)
 
The Faculty Council will consider the proposal on Tuesday. The Board of Regents would have the final say-so.
 
The impetus for change came in fall 2011 when OSU Provost Robert Sternberg began advocating a policy of keeping the entire peer-review letter from faculty. Some Faculty Council members consider the current proposal a compromise.
 
But it's one that flies in the face of the state Open Records Act, which grants each public employee "a right of access to his own personnel file." (OKLA. STAT. tit. 51, § 24A.7(C))
 
The right of faculty members to obtain the un-redacted peer-review letters also is supported by a 1986 Oklahoma attorney general opinion that said, "Personnel investigations such as background investigations are necessarily deemed a part of the personnel file." (1986 OK AG 39, ¶ 3)
 
The attorney general said employees of the Oklahoma State Bureau of Investigation were entitled to review as a part of their personnel files any materials gathered in the background investigation of them.
 
Moreover, OSBI could not withhold the names of confidential informants who had provided information for criminal background checks of its employees unless the informant objected and then the agency determined on a case-by-case basis that the release of that name would damage the confidential informant. (¶ 16)
 
Oklahoma attorney general opinions are binding upon state agencies such as OSU.
 
Yet, the RTP proposal would create a blanket policy of withholding the names of full professors at other universities who write peer-review letters for tenure and promotion decisions at OSU. And on a case-by-case basis, those authors – who the policy says "should be leading scholars in their disciplines" – would seem hard-pressed to reasonably argue that they would be "damaged" by the disclosure of their identities to the OSU faculty members.
 
Oklahoma's Supreme Court and attorneys general have emphasized repeatedly that "disclosure of information is to be favored over finding an exemption" and that an agency's policies and procedures "must be in the letter and spirit of the Open Records Act."
 
But OSU would violate those principles and state law by adopting a policy that requires faculty members to file a lawsuit (or a criminal complaint) to obtain records to which they are entitled.
 
Individual faculty members are free to waive their right to those un-redacted letters. However, the university may not take away that right from all faculty members or create barriers such as requiring lawsuits to obtain records guaranteed by statute.
 
I am asking that the Faculty Committee oppose the proposed policy change and respect the rights granted to their colleagues by state legislators.
 

 
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.

Jenks School Board candidate promises open government

An unopposed candidate for the Jenks School Board has signed FOI Oklahoma's Open Government Pledge.
 
In signing the pledge, Melissa M. Abdo promised to comply with the spirit and letter of the state's open government laws.
 
She also pledged 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."
 
Abdo will replace School Board President Joe Hidy in representing Ward 3. Hidy chose not to seek re-election after serving two five-year terms.
 
Abdo is president of the Tulsa Area Parent Legislative Action Committee. The organization was created five years ago by a small group of parents, including Abado, whose children attended Jenks Public Schools.
 
The nonpartisan group has grown to include parents from the Sapulpa, Sand Springs, Union, Owasso and Broken Arrow school districts. Members visit the Capitol during the legislative session to lobby for or against specific education bills.
 
FOI Oklahoma began the Open Government Pledge in spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

 

Norman City Council incumbent, candidates promise support of open government

An incumbent and two other candidates seeking seats on the Norman City Council have signed FOI Oklahoma's Open Government Pledge.
 
In signing the pledge, all three promised that they and Norman city government "will comply with not only the letter but also the spirit of Oklahoma’s Open Meeting and Open Records laws."
 
They also pledged "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."
 
Ward 3 incumbent Robert Castleberry, 48, faces one challenger in the April 2 election. Castleberry, a CPA, was appointed to the seat in August.
 
Small business owner Greg Heiple, 48, is running for the Ward 1 position. The incumbent, Roger Gallagher, signed the Open Government Pledge in 2011.
 
Stephen Tyler Holman, 28, is seeking the Ward 7 seat. Holman serves on the city's 2060 Strategic Water Supply Committee and is the liaison for the city element in organizing the Norman Music Festival. The incumbent, Linda Lockett, also has signed the pledge.
 
FOI Oklahoma began the Open Government Pledge in spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

 

Stillwater City Council candidate promises open government

An OSU faculty member has pledged to comply with the letter and spirit of Oklahoma's open government laws if elected to the Stillwater City Council.
 
In signing FOI Oklahoma's Open Government Pledge, Gina Noble 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."
 
Noble is a clinical assistant professor with OSU's School of Media and Strategic Communications.
 
She is running against incumbent Philip Pina for Council Seat 2. The election is April 2.
 
FOI Oklahoma began the Open Government Pledge in spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

 

Candidate for Oklahoma City School Board chair signs Open Government Pledge

Lynne Hardin has promised the Oklahoma City School Board will comply with the letter and spirit of the state's open government laws if voters elect her as its chairwoman on Tuesday.
 
By signing FOI Oklahoma's Open Government Pledge, Hardin 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."
 
Hardin, a local business owner, is challenging incumbent Angela Monson for the at-large position.
 
The school board has been criticized for its secrecy. Last month, the board initially refused to release a document detailing reasons for denying two charter school applications.
 
In late 2011, Monson refused to release a proposed operating agreement between the district and a charter school group until after the board voted.
 
FOI Oklahoma began the Open Government Pledge in spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

 

Norman City Council incumbent re-signs Open Government Pledge

Norman Councilwoman Linda Lockett has renewed her support for open government as she seeks another two-year term in the city's municipal election on April 2.
 
Lockett, 74, signed FOI Oklahoma's Open Government Pledge when she ran for the Ward 7 seat in 2011.
 
By signing the pledge, Lockett promised to comply with the letter and spirit of Oklahoma's open government laws.
 
She also pledged 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."
 
Lockett serves on the Council's Oversight Committee and as chairwoman of its Business and Community Affairs Committee, according to her official bio.
 
She is a life-long resident of Ward 7, which encompasses an area from about Brooks Street to the southern boundary of Norman, bordered on the west by Chautauqua Avenue and on the east by 12th Avenue East/Classen Boulevard.
 
FOI Oklahoma began the Open Government Pledge in spring 2008 as part of a national effort to spur public commitments to government transparency from candidates for president down to city council contests.
 
Signers are listed on the FOI Oklahoma website.
 

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

Cash prizes to be awarded in FOI essay contest for Oklahoma college students

Oklahoma college students are invited to enter FOI Oklahoma’s third annual freedom of information essay contest by writing a paper of about 500 words on one of the following topics:

• How have you used Oklahoma’s Open Meeting and Open Records laws to encourage and facilitate an informed citizenry’s participation in government?


• Should the public have access to emails and other written communications between Oklahoma Gov. Mary Fallin and her Cabinet regarding the creation and implementation of state policy?

Please include at the top of your essay the question you are answering. No other title, please.
 
Students should research the topic as well as write creatively and personally.
 
Entries must be typed and double-spaced.
 
Cash prizes of $300, $200 and $100 will be awarded to the first-, second- and third-place winners respectively.
 
Essay winners will be recognized and receive their prizes during FOI Oklahoma’s sixth annual Sunshine Week Conference on March 9 at OU's Gaylord College of Journalism & Mass Communication in Norman.
 
Winning essays will be distributed at the conference and published on FOI Oklahoma’s website.
 
Entries must be received by 5 p.m., Feb. 25.
 
Send entries as email attachments to Joey Senat, OSU School of Media & Strategic Communications, at joey.senat@okstate.edu. Entries are preferred in Word or PDF format.
 
Each entry must include in the top left-hand corner (single-spaced) the STUDENT’S:

• Name
• School
• Mailing address
• Phone number
• Email address

If you have questions about the contest, please contact Joey Senat at (405) 744-8277 or joey.senat@okstate.edu.