Cleveland Co. DA refuses to disclose names of 20 people arrested on drug complaints a week earlier

Cleveland County District Attorney Greg Mashburn says he would be endangering the lives of people arrested Dec. 11 on drug complaints if he were to disclose their names to the public, The Norman Transcript reported today.

Mashburn told the newspaper he could not release the names of those arrested because some might not be charged in District Court.

"I will be putting lives in danger," he said.

The article doesn't provide Mashburn's reasoning for that claim.

The Oklahoma Open Records Act, however, explicitly requires law enforcement agencies to disclose the information.

"A. Law enforcement agencies shall make available for public inspection, if kept, the following records:

1. An arrestee description, including the name, date of birth, address, race, sex, physical description, and occupation of the arrestee;

2. Facts concerning the arrest, including the cause of arrest and the name of the arresting officer;

3. A chronological list of all incidents, including initial offense report information showing the offense, date, time, general location, officer, and a brief summary of what occurred;

8. Jail registers, including jail blotter data or jail booking information recorded on persons at the time of incarceration showing the name of each prisoner with the date and cause of commitment, the authority committing the prisoner, whether committed for a criminal offense, a description of the prisoner, and the date or manner of discharge or escape of the prisoner." (Okla. Stat. tit. 51, § 24A.8(A))

The newspaper said 10 people were believed to have been booked into the McClain County Jail and seven into the Cleveland County Detention Center. The whereabouts of the other three was unclear, the newspaper said.

Disclosing the names of people arrested serves to protect them. As several FOI Oklahoma members have noted regarding the story, we don't live in a state in which local authorities may arrest and incarcerate people in secret.

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism

OSBI investigating complaint that Norman City Council violated Open Meeting Act

The Oklahoma State Bureau of Investigation is looking into a Norman city councilman's complaint that the Council violated the Open Meeting Act during an executive session on June 9, The Norman Transcript reported Saturday.

Councilman Tom Kovach had contacted FOI Oklahoma on June 18 about the meeting. He believes that the council's discussion about financing the Rock Creek Road overpass at Interstate 35 violated the law because the agenda item for the executive session listed only the acquisition of right-of-way for the construction.

Kovach noted that financing a construction project is not one of the nine topics permitted for executive sessions under the Open Meeting Act.

However, the purchase or appraisal of real property is a permitted topic. The meeting is “limited to members of the public body, the attorney for the public body, and the immediate staff of the public body. No landowner, real estate salesperson, broker, developer, or any other person who may profit directly or indirectly by a proposed transaction concerning real property which is under consideration may be present or participate in the executive session." (OKLA. STAT. tit. 25, § 307(D))

Councilman Doug Cubberley recused himself and left the room during the discussion of the acquistion. But when the discussion moved to paying for the project, Kovach said, Cubberley was brought back into the room "since the financing was a separate issue."

According to The Norman Transcript, Cubberley said he left the executive session because if the Council decided to condemn a certain property, the owner might hire Cubberley's law partner as legal representative. Cubberley said the city's legal staff said he did not need to recuse himself but that he felt uncomfortable staying for the discussion.

He returned to discuss options for purchasing rights of way.

The financing is part of a controversial Tax Increment Financing District.

At the Council's June 23 meeting, Kovach complained publicly that the Council had violated the Open Meeting Act during its executive session on June 9.

City Attorney Jeff Bryant does not believe the Council violated the law.

In a memo obtained by The Norman Transcript, Bryant told the Council, "The question here is whether the description of the business and purpose of the session (to discuss the acquisition of real property associated with the Rock Creek Road Overpass) was sufficient to include discussion of which property would be acquired, the mechanism by which it was proposed to be acquired (purchase) and how the property would be acquired, i.e. funding source."

He said he believes the council complied "with the spirit and intent of the Oklahoma Open Meeting Act," saying the the agenda "contained sufficient information to inform the public that an executive session would be proposed, identified the business and purpose of the session and stated the statute provision that authorized the executive session."

An FOI Oklahoma Blog posting in response to Kovach explained that subsequent public discussion and action would not excuse a violation of the Open Meeting Act.

In the memo, Bryant also addressed whether the law was violated by Councilman-elect Alan Atkins' presence during the executive session.

Bryant said no violation occurred because Atkins, who had not been sworn in, was present as an elected official, not as a private citizen, and did not stand to profit from the property acquisition.

An OSBI official told The Transcript that the investigation is in the "initial stages." The investigation was requested by Cleveland County District Attorney Greg Mashburn, the official said.


Joey Senat, Ph.D.
Associate Professor
OSU School of Journalism