FOI Oklahoma's Black Hole Award goes to Gov. Fallin

Gov. Mary Fallin's unprecedented use of "executive privilege" to hide records from the public earned her FOI Oklahoma's annual Black Hole Award, the organization announced Saturday.
 
Two newspapers and a state lawmaker received FOI Oklahoma's top open government and First Amendment awards Saturday during the organization's Sunshine Week Conference at the University of Oklahoma.
 
FOI Oklahoma also announced winners of its third open government-themed essay contest for college students. First place went to Joey Stipek of the University of Oklahoma. The second- and third-place winners were Oklahoma State University students Colton Scott and Andrei Dambuleff. The students won cash prizes of $300, $200 and $100.
 
The Marian Opala First Amendment Award was presented to the Enid News & Eagle, while the Ben Blackstock Award went to the Bartlesville Examiner-Enterprise.
 
State Rep. Jason Nelson, R-Oklahoma City, was presented the Sunshine Award for opening the doors of secrecy at the Department of Human Services.
 
In contrast, Fallin and her general counsel, Steve Mullins, garnered the Black Hole Award, which recognizes someone who thwarts the free flow of information in Oklahoma.
 
Fallin and Mullins have claimed that her communications with her 14 Cabinet members are protected by executive and deliberative process privileges under the state Constitution. Their claims are unprecedented for an Oklahoma governor.
 
Our state courts have not recognized these privileges. Likewise, the state Open Records Act doesn’t screen the governor’s records from public scrutiny.
 
Some of the records could shed light on why Fallin refused to create a state health insurance exchange. Others are related to implementing reforms to the corrections system.
 
The Enid News & Eagle was recognized for its successful lawsuit supporting the public's First Amendment right of access to court records sealed by Judge Ray Linder. The records involved the perjury case of Enid attorney Eric Edwards.
 
For nearly four months, the newspaper, its attorney Michael Minnis, and reporters James Neal and Cass Rains fought with Edwards' attorney, Stephen Jones, over the manner in which the records were sealed and removed from public view.
 
In ordering the records opened, Judge Richard Van Dyck cited the News & Eagle’s First Amendment right to publish the news as the newspaper found it.
 
Van Dyck said the public’s interest in knowing the truth was greater than the need to keep the records sealed, which would only "heighten suspicions."
 
"The public needs to know what its elected officials are up to," Van Dyck said. "The public has a right to know."
 
The Opala Award is named for the late Marian P. Opala, the former Polish freedom fighter who served 32 years on the Oklahoma Supreme Court.
 
The Bartlesville Examiner-Enterprise was presented the Blackstock Award, which recognizes a non-governmental person or organization that has fought for the public's right to know.
 
Video footage of an incident in which two local police officers were accused of assaulting a hospital patient was released because of a lawsuit by the newspaper.
 
Two police officers were charged with assault and battery from the September 2011 incident involving a combative patient at a local hospital. One officer was convicted and fined $1,000. The other was acquitted.
 
A third officer's employment was terminated, and a fourth officer was placed on administrative leave but later reinstated.
 
Nelson was presented the Sunshine Award, which goes to a public official or governmental body, for spearheading efforts to reform the Department of Human Services' tracking and reporting of child deaths and near-deaths.
 
Over time, DHS had developed a closed system and oversight was difficult. Nelson pounded away at unacceptable reports and transparency issues concerning DHS. He and other legislators had to stand firm when federal Health and Human Services officials said Oklahoma could lose millions in federal funding if it opened certain records.
 
Nelson kept asking why other states could disclose the information and still receive federal funding. Eventually, the HHS agreed Oklahoma could release the data without losing funding.
 
This was the sixth year that FOI has presented the Sunshine, Blackstock and Black Hole awards.
 
FOI Oklahoma is a statewide organization that for 23 years has promoted openness in government and First Amendment education. The organization counts among its members journalists, librarians, educators, government officials and private citizens. It also sponsors an annual First Amendment Congress for students.
 

 
Joey Senat, Ph.D.
Associate Professor
OSU School of Media & Strategic Communications
 
Lindel Hutson
Past President, FOI Oklahoma
 
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.

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
 

 

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.

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.