All 6 gubernatorial candidates: State Legislature should not exempt itself from Open Records Act

The Oklahoma Legislature should be subject to the state's Open Records Act just like the rest of government, the six announced gubernatorial candidates said on Saturday.

Live online audio and video feeds of the House and Senate in session are nothing more than "great window dressing," said Lt. Gov. Jari Askins, a Democratic candidate and former state legislator.

"We will all be better served (with) transparency when the House and the Senate open up the rest of their records and remove their exemption,” Askins told the audience at FOI Oklahoma's third-annual Sunshine Week conference.

The other gubernatorial candidates in agreement were fellow Democrat Drew Edmondson and Republicans state Sen. Randy Brogdon, Congresswoman Mary Fallin, Robert Hubbard and Roger L. Jackson.

Only nine other state legislatures completely exempt themselves from their state open records laws, The Oklahoman reported today.

Oklahoma legislators exempted themselves when the statute was first enacted in 1985.

That means Oklahoman can't see their lawmakers’ e-mails, letters, drafts of bills, memorandums, calendars, phone call logs and other records that might show how those entrusted with the public’s business are doing their jobs, reporter John Estus pointed out.

Current legislative leaders' reasoning for continuing the exemption were galling.

"Protection of the Legislature’s records is vital to the independent functioning of the legislative branch,” a spokesman for Senate President Pro Tempore Glenn Coffee, R-Oklahoma City, said in a statement. "Subjecting the Legislature to open records requirements would chill the flow of communications within and from outside the Capitol."

House Speaker Chris Benge, R-Tulsa, echoed Coffee’s position in a separate statement, Estus reported.

According to Benge and Coffee, what's good for the goose isn't good for the gander. Other legislative bodies -- such as city councils and county commissions -- should operate with public scrutiny but not so for our state Legislature.

Perhaps our legislative leaders don't know that "As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people."

"Thus, it is the public policy of the State of Oklahoma that the people are are vested with the inherent right to know and be fully informed about their government," states the Open Records Act's preamble.

"The purpose of this 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." (OKLA. STAT. tit. 51, § 24A.2)

These principles are true whether the public body is a city council or the state Legislature.

Other coverage on the issue:

• Hopefuls call for exemption's end, The Oklahoman, 3.14.10.


• OETA reporter Lori Rasmussen talked to government leaders about the exemption of the state legislature from requirements of the state Open Meeting and Open Records Acts. Also discussion with Mark Thomas of the Oklahoma Press Association about openness in government. (Click on ONR 03-16-10)

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

5 gubernatorial candidates would veto bill exempting birth dates of public employees; Edmondson says he would sign legislation

Five of the six announced gubernatorial candidates said on Saturday that if they were governor, they would veto legislation exempting public employees birth dates from the state Open Records Act.

Only Attorney General Drew Edmondson, a Democratic candidate, said he would sign the bill.

The Legislature is entitled under the Open Records Act to decide which information in the personnel files of public employees would be considered "an unwarranted invasion of privacy," Edmondson told the audience at FOI Oklahoma's third-annual Sunshine Week conference.

Edmondson said that did not mean he would concede his veto power each time legislators write an exemption to the state Open Records Act.

State Sen. Randy Brogdon, a Republican gubernatorial candidate, said he would veto SB 1753, which would exempt public employee birth dates from personnel files.

When asked how he had voted when the bill came before the full Senate on Feb. 18, Brogdon said he didn't know.

Brogdon voted for the bill when it passed the Senate by 44-0 vote with no debate on the floor.

After being told how he voted, Brogdon said, "I am not in favor of hiding information so the final product as it comes out I will certainly vote accordingly."

Also saying they would veto the legislation were Lt. Gov. Jari Askins, a Democrat, and Republican candidates Congresswoman Mary Fallin, Robert Hubbard and Roger L. Jackson.
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The conference was the first time all six announced gubernatorial candidates had attended the same event to speak on a topic.

In the morning sessions, experts on privacy emphasized that birth dates in public records do not pose a threat of identity theft.

In December, Edmondson issued a formal written opinion stating that government employee birth dates are presumed open unless the public body can demonstrate that the employee’s privacy outweighs the public’s interest in disclosure.

In August, Edmondson said publicly that officials should err on the side of transparency regarding the release of dates of birth of employees. Edmondson said it’s difficult to contend that birth dates are private when they are found in a number of public records. He has since disclosed the birth dates of his own employees.

Edmondson has signed FOI Oklahoma Inc.'s Open Government Pledge promising "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.”

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

3 more gubernatorial candidates sign Open Government Pledge

Three gubernatorial candidates on Saturday promised that if elected, each would ensure that the governor's office and state agencies would "comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws.”

Each 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.”

Signing FOI Oklahoma Inc.'s Open Government Pledge were Lt. Gov. Jari Askins, a Democrat, and Republican candidates Congresswoman Mary Fallin and Roger L. Jackson, a retired Oklahoma City businessman.

State Attorney General Drew Edmondson had signed the pledge in January as a Democratic candidate for governor.

Askins, Fallin and Jackson signed the pledge at Oklahoma Sunshine '10: Privacy, Politicians and the Public's Need to Know, a conference to kick off national Sunshine Week in the state.

Freedom of Information Oklahoma Inc. invites other candidates for statewide offices and those running for legislative seats, municipal offices and school board seats to sign the pledge.

Instructions and a list of signers for the 2010 elections can be found on FOI Oklahoma’s Web site.

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


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

All 5 gubernatorial candidates to participate in Sunshine Conference

Congresswoman Mary Fallin will join the four other gubernatorial candidates in an open government forum Saturday during the third-annual Sunshine Week conference.

Oklahoma Sunshine ’10: Privacy, Politicians & the Public’s Need to Know will be held at The Oklahoman, 9000 N. Broadway, Oklahoma City.

The conference's afternoon session will feature a question-and-answer session with candidates for governor and attorney general. All the announced candidates were invited to participate.

Fallin will join fellow Republican gubernatorial candidates state Sen. Randy Brogdon and Robert Hubbard, and Democratic candidates Lt. Gov. Jari Askins and Attorney General Drew Edmondson.

Jim Priest, a Democratic candidate for attorney general, also will participate.

Each candidate will be afforded three minutes to initially state his or her position on open government and any proposals regarding government transparency and the state’s open meeting and records laws.

The conference's morning sessions will focus on the issue of birth dates, public records and identity theft. Data privacy expert and former Iowa legislator Richard J.H. Varn will explain how improved identity management technology and practices, along with public education on self-protection measures, would be more effective defenses against identity theft than redacting information from public records.

Dallas Morning News attorney Paul C. Watler and computer‐assisted reporting editor Ryan McNeill will explain the newspaper’s lawsuit over government employee birth dates in Texas and the legislative debate in that state over public access to the information.

Mark Thomas of the Oklahoma Press Association will analyze current bills in the Legislature to limit or expand the public’s right to know in Oklahoma.

A luncheon panel will look back at 20 years of FOI Oklahoma Inc. Recipients of FOI Oklahoma's three annual FOI awards also will be announced.

Wednesday is the deadline for early registrations.


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

Askins to participate in open government forum at Sunshine Conference

Lt. Gov. Jari Askins will join other gubernatorial candidates in an open government forum during the third-annual Sunshine Week conference.

Oklahoma Sunshine ’10: Privacy, Politicians & the Public’s Need to Know will be held March 13 at The Oklahoman, 9000 N. Broadway, Oklahoma City.

The conference's afternoon session will feature a question-and-answer session with candidates for governor and attorney general. All the announced candidates have been invited to participate.

Askins will join fellow Democratic candidate Attorney General Drew Edmondson and Republican gubernatorial candidates state Sen. Randy Brogdon and Robert Hubbard.

Jim Priest, a Democratic candidate for attorney general, also will participate.

Each candidate will be afforded three minutes to initially state his or her position on open government and any proposals regarding government transparency and the state’s open meeting and records laws.

The conference's morning sessions will focus on the issue of birth dates, public records and identity theft. Data privacy expert and former Iowa legislator Richard J.H. Varn will explain how improved identity management technology and practices, along with public education on self-protection measures, would be more effective defenses against identity theft than redacting information from public records.

Dallas Morning News attorney Paul C. Watler and computer‐assisted reporting editor Ryan McNeill will explain the newspaper’s lawsuit over government employee birth dates in Texas and the legislative debate in that state over public access to the information.

Mark Thomas of the Oklahoma Press Association will analyze current bills in the Legislature to limit or expand the public’s right to know in Oklahoma.

A luncheon panel will look back at 20 years of FOI Oklahoma Inc. Recipients of FOI Oklahoma's three annual FOI awards also will be announced.

March 10 is the deadline for early registrations.


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