Tulsa police release 911 recording; City officials slow to release emails related to problems in its green-waste program

Tulsa officials changed course Friday, releasing 911 recordings of two calls made following a state trooper-involved fatal shooting at a local motel, the Tulsa World reported today.
 
Police Chief Chuck Jordan and the city's Legal Department indicated that the decision to release 911 recordings is discretionary, not because the Open Records Act requires it.
 
"Due to the fact that it was a state issue, I spent much time in deliberation over the release of the recordings," Jordan said. "Tulsa Police Department remains committed to transparency and in the public interest we are now releasing the 911 recordings as requested by the Tulsa World."
 
The newspaper's editorial writers understandably said they are "puzzle[d] over the idea that there might be less reason for public access to public records because of 'a state issue.'"
 
For the reasons I gave Thursday, I disagree that Jordan can pick and choose which 911 calls to make public. But at least he decided to release these recordings, thereby avoiding an extended fight with the newspaper.
 
However, that wasn't the only open government problem at Tulsa City Hall.
 
The Tulsa World reported this morning that more than a month after the request, city officials haven't released "emails that could settle questions over how much Mayor Dewey Bartlett and his administration knew about problems in the city's green-waste program."
 
The newspaper asked for emails containing the phrase "green waste" sent or received in the last year by six city officials, including Bartlett, City Manager Jim Twombly and the city's lead trash managers.
 
City spokeswoman Michelle Allen told the newspaper that the city's Legal Department is reviewing each of the some 2,500 emails and attachments "for compliance (with the Open Records Act) and appropriate content to fulfilling the request."
 
According to the newspaper, Bartlett said the emails must be checked manually before being released because "we have a responsibility to the public to give the correct information and not disclose info that is personal in nature."
 
In 2006, then-Attorney General Drew Edmondson told The Oklahoman that an OSU policy requiring all public records requests to be cleared by school attorneys might violate the Open Records Act by not providing "prompt and reasonable" access.
 
"If that policy were challenged, then a judge would have to determine whether the circumstances within that particular agency are not only prudent but necessary," Edmondson said. "I would say that it is not typical and typically would not be found to be reasonable."
 
Under the Open Records Act, public bodies are required to "designate certain employees who are authorized to release records . . . for inspection, copying, or mechanical reproduction. At least one person shall be available at all times to release records during the regular business hours of the public body."
 
In a 2005 open records training video for police, Edmondson said:

That person should have a working familiarity with the Open Records Act and be able to respond to citizen inquiries for records. And that would mean in most instances, if not all instances, they should not have to ask someone else for permission or authority.

He acknowledged that the designated person could encounter "an unusual request" requiring the advice of an attorney.
 
"But that should be a rare exception," Edmondson said. "By and large, the person at the desk who is supposed to respond to open records requests should be able to do so without consultation with anybody else."
 
Tulsa city attorneys are reviewing records compiled by other employees. That adds an unnecessary -- and perhaps illegal -- delay in releasing public documents.
 
It also adds to the impression of a city administration that doesn't genuinely believe in transparent government -- a perception that Bartlett cannot afford eight weeks before he faces re-election.
 

 
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.

Tulsa officials refuse to release 911 recordings

The city of Tulsa's Legal Department won't release recordings of two calls made to police following a state trooper-involved fatal shooting at a local motel, the Tulsa World reported today.
 
The newspaper noted that the city has released at least seven other 911 recordings since 2010.
 
And after Tulsa's municipal employees union sued the city in June for access to a 911 recording, a city spokeswoman told the Tulsa World that the city considered 911 recordings to be public records and released them regularly.
 
But this week, Assistant City Attorney Shelton Benedict told the newspaper, "There's nothing in the (state) Open Records Act that says produce audio, and if you've got it in the past, my guess is that that would fall under the discretionary part."
 
The Open Records Act lists radio logs among the records that "law enforcement agencies shall make available for public inspection." (OKLA. STAT. tit. 51, § 24A.8(A)(4))
 
The Open Records Act doesn't define radio logs. However, an attorney general opinion interpreting the statute's previous version indicated that radio logs include "any recorded electronic transmissions made between the police dispatcher(s) and other parties." (1984 OK AG 119, ¶ 22)
 
"[R]ecorded electronic transactions with the police department are subject to the Open Records Act," said the opinion, relying upon a Wyoming case and upon Oklahoma cases broadly interpreting the term "record." (Id. ¶ 28)
 
The Tulsa Police Department's news media policy -- mimicking the current statute's definition -- defines records as

All documents, including but not limited to, any book, paper, photograph (including mugshots), microfilm, computer tape, disk, record, sound recording, film recording, video recording, or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control, or possession of the Tulsa Police Department.

The lawsuit filed by the American Federation of State, County and Municipal Employees Local 1180 is pending in Tulsa County District Court. Neither side has yet explained in court filings why 911 recordings are or aren't public under the Open Records Act. (American Federation of State, County and Municipal Employees Local 1180 v. City of Tulsa, No. CV-2013-690 (Tulsa Co. Dist. Ct. June 5, 2013)
 
Such recordings are routinely released by law enforcement agencies in Oklahoma. These records should be open to the public because they can reveal serious problems in the 911 system.
 
In June, for example, Delaware County residents "expressed outrage over slow response times and inadequate training by 911 dispatchers in incidents where several people, including three children, have died in the past nine months," the Tulsa World reported.
 
Most of the anger centered on the drowning death of a 7-year-old girl at the Eucha State Park pool. According to the media reports, the 911 dispatcher can be heard making several blunders during the nearly six-minute call, including misdialing the telephone number for the Jay Police Department. The sheriff requested an outside investigation into the 911 call.
 
Residents also were angry over the 911 call related to the death of a 3-year-old in a house fire near Lakemont Shore.
 
"The (911) dispatcher told her (the mother) to hang up and call the sheriff's office,” a resident told county commissioners. "Who has time to look through a telephone book?"
 

 
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.