School board members must take open government training

School board members will have to undergo at least one hour of training in the state's Open Records and Meeting laws, under a bill signed Wednesday by Gov. Mary Fallin.
 
Senate Bill 91, which takes effect July 1, had passed the House last week by a 93-2 vote.
 
Opposing the bill were two Democrats: Minority Caucus Chair Jerry McPeak of Warner, who is a former school board member, and Rebecca Hamilton of Oklahoma City.
 
The bill, by Sen. Eddie Fields, R-Wynona, amends current training requirements for school board members that must be completed within 15 months of being elected, re-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.
 

 
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.

The Lost Ogle, ACLU challenge Gov. Fallin's claim of privileges to withhold records

The Lost Ogle and the ACLU of Oklahoma followed through Tuesday on their threat to sue Gov. Mary Fallin over her refusal to provide records.
 
The lawsuit, filed in Oklahoma County District Court, challenges Fallin's claim that executive and deliberative process privileges permit her to keep secret 100 pages of advice from "senior executive branch officials" on the creation of a state health insurance exchange.
 
(Vandelay Entertainment LLC v. Fallin, Mary, No. CV-2013-763 (Okla. Co. April 9, 2013))
 
Fallin's general counsel, Steve Mullins, has asserted that her communications with her 14 Cabinet members are protected by these privileges under the state Constitution provision creating three branches of government. (OKLA. CONST. art. 4, § 1)
 
Mullins also made that assertion in November when refusing to provide the Tulsa World with records related to implementing reforms to the corrections system.
 
(Also read Mullins' letter to The Oklahoman in November in which he explained various privileges that could be claimed by Fallin.)
 
ALCU Legal Director Brady R. Henderson emphasized Tuesday that executive and deliberative process privileges are not explicitly found in the Oklahoma Constitution and haven't been recognized by our state courts.
 
"Mary Fallin is the first Governor of Oklahoma to challenge the people's right to be fully informed about their government," Henderson said. "We filed this lawsuit to make sure she also will be the last."
 
Fallin's unprecedented use of "executive privilege" in Oklahoma to hide records from the public earned her FOI Oklahoma's annual Black Hole Award in early March.
 
If recognized by Oklahoma courts, these privileges would turn the state Open Records Act upside down. Under the statute, the government official denying access must cite an applicable state or federal statutory exemption. But under these privileges, the burden would fall on Oklahomans to prove to a court that they should be allowed to see the government records.
 
These privileges also would allow Fallin to claim secrecy for records that would be open to the public if in the hands of local officials because the Legislature has not deemed the information confidential.
 
Executive and deliberative process privileges represent a disagreement over the public's fundamental role in overseeing its government, including the formulation of policy on its behalf.
 
If Oklahomans are to meaningfully participate in their government and understand the governmental decisions affecting their lives, they must be privy to the deliberative discussions revealing why officials chose one alternative and rejected others.
 
Knowing why action was taken or not taken is as important as knowing what the outcome is. The public is entitled to evaluate what was considered and why it was rejected. Was it for the best reasons, or just for politics?
 
Oklahomans should know because it is our government. The state Open Records Act emphasizes:

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 vested with the inherent right to know and be fully informed about their government.
 
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)

As a gubernatorial candidate seeking public support, Fallin pledged to support that policy "at every opportunity."
 
But if Fallin wins this lawsuit, her legacy as governor will be just the opposite of what she promised Oklahomans when she was asking for their votes. She will be responsible for a new layer of secrecy behind which governors may hide the public's business.
 

 
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.
 

8 pledge signers elected Tuesday

Eight of the 13 municipal candidates who had signed FOI Oklahoma's Open Government Pledge were elected Tuesday.
 
They have promised that they and their city governments "will comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws."
 
Four were challengers: three in Norman and one in Stillwater.
 
Three pledge signers were involved in close elections. In Guthrie, Ward 3 incumbent Gaylord Z. Thomas won by nine votes.
 
In Norman, challenger Stephen Tyler Holman was elected over another pledge signer, incumbent Linda Lockett, for the Ward 7 seat by 27 votes.
 
Another pledge signer in Guthrie, Trey Ayers, lost his bid for mayor but remains on the council as the Ward 1 representative.
 
Here is the list of winners by city:

• Guthrie City Council
• • John Wood, Ward 1 (re-elected)
  • Gaylord Z. Thomas, Ward 3 (re-elected)
  
  
• Norman
• Cindy Rosenthal, mayor (re-elected)
• Greg Heiple, Ward 1 (challenger)
• Robert Castleberry, Ward 3 (re-elected)
• Lynne Miller, Ward 5 (challeger)
• Stephen Tyler Holman, Ward 7 (challenger)


• Stillwater
• Gina Noble, Seat 2 (challenger)

Each 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."
 
What if they don't live up to these promises now that they've been elected?
 
Then voters should show them the door at the next election and elect people with the integrity to conduct our government in the open. Ultimately, it's up to the voters to hold our elected officials accountable.
 

 
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.

Norman council candidate signs Open Government Pledge

A Norman City Council candidate has promised that if elected Tuesday, she and the city government "will comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws."
 
By signing FOI Oklahoma's Open Government Pledge, Lynne Miller 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."
 
Miller, a retired Norman Public Schools principal, is seeking the Ward 5 seat in the election.
 
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
 

Gov. Fallin claims executive, deliberative process privileges to withhold documents related to her reversal on 'Obamacare' policy

Gov. Fallin won't release 100 pages of advice from her "senior executive branch officials" on the creation of a state health insurance exchange, her general counsel told reporters Friday.
 
Fallin invoked executive, deliberative process and attorney-client privileges to keep the documents from the public, Steve Mullins said in a letter to reporters picking up digital copies of more than 50,000 pages.
 
Claiming executive and deliberative process privileges to hide records is unprecedented for an Oklahoma governor. Our state courts have not recognized these privileges. The state Open Records Act doesn't include these exemptions.
 
But Mullins, a former federal prosecutor, contends that Fallin should be allowed to claim the same privileges given to the U.S. president.
 
The irony is that while many Oklahomans are calling on Fallin to reject what they believe is federal interference in their lives, her attorney is relying in part on federal law to hide government documents from them.
 
Mullins also asserts that Fallin's executive and deliberative process privileges are grounded in the state Constitution provision creating three branches of government. (OKLA. CONST. art. 4, § 1)
 
Other attorneys disagree:
 
"To my knowledge there is no exception in the Open Records Act, nor is there any case law, affording an executive officer in Oklahoma, a public official in the executive branch in Oklahoma, for some kind of executive privilege or deliberative process privilege that is being exerted," media attorney Bob Nelon told The Norman Transcript on Friday.
 
"They are creating that, in my view, out of whole cloth," Nelon said. "They’re making it up as they go."
 
ACLU Oklahoma Legal Director Brady R. Henderson agreed with Nelon.
 
"They're using assertions of executive privilege that aren't in the law to limit people's access to government," Henderson told the Tulsa World on Friday.
 
"At the end of the day, it's extremely hard, if not impossible, for the public to review that decision. It effectively is the government saying, 'You don't need to see what I'm doing, just trust me.'"
 
Executive and deliberative process privileges represent a disagreement over the public's fundamental role in overseeing its government, including the formulation of policy on its behalf.
 
The records released Friday -- and presumably those withheld -- concern Fallin's policy decisions regarding "Obamacare," including her decisions to reject federal funding for Medicaid expansion and not to build a state-based health insurance exchange. Fallin had first accepted a $54 million federal grant to create the exchange, then abruptly reversed course and returned the money.
 
Knowing why action was taken or not taken is as important as knowing what the outcome is. The public is entitled to evaluate what was considered and why it was rejected. Was it for the best reasons, or just for politics?
 
Oklahomans should know because it is our government. The state Open Records Act emphasizes:

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 vested with the inherent right to know and be fully informed about their government. (OKLA. STAT. tit. 51, § 24A.2)

As a gubernatorial candidate, Fallin signed FOI Oklahoma's Open Government Pledge, promising to support that right "at every opportunity."
 
But her legacy will be creating a layer of secrecy for governors to hide behind.
 

 
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.
 

ACLU of Oklahoma threatens Gov. Fallin with lawsuit over records denial, notes apparent Open Records Act violation by her office

If Gov. Mary Fallin continues to deny access to emails and other correspondence related to her refusal to create a state health insurance exchange, the ACLU of Oklahoma will seek a court order compelling her to release the records, the organization said Wednesday on behalf of The Lost Ogle.
 
The website's Dec. 10 request for the records has been "met with gross indifference, if not outright defiance," ALCU Legal Director Brady R. Henderson said in a letter Tuesday to Fallin's general counsel, Steve Mullins.
 
Henderson said that when he went to the governor's office this past Thursday and asked to inspect "whatever records were available on hand," he was told that Mullins is the only person authorized to release records and that he was out of town for the week.
 
However, the Open Records Act requires that "at least one person shall be available at all times to release records during the regular business hours of the public body." (Okla. Stat. tit. 51, § 24A.5(6))
 
Henderson noted in his letter, "The Open Records Act is quite explicit on this point.
 
"If this violation ... continues following a reasonable period in which to make corrections, there can be no question that it is a willful violation, and thus appropriate for criminal prosecution," Henderson said.
 
Henderson also noted that while The Lost Ogle has "received no substantive response" to it records request, other journalists seeking the same records "have been met with false claims of a non-existent 'executive privilege' to deny them records to which they are lawfully entitled."
 
Coupled with the office's failure to have someone available to release records, Henderson said, the claim of executive privilege "suggests that Governor Fallin not only fails to take the Open Records Act seriously, but fails to understand the broader implications for the citizens of Oklahoma.
 
"Such conduct rides roughshod over the people's right to open and accountable government," Henderson said.
 
(Read the ACLU of Oklahoma press release issued Wednesday.)
 

 
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.
 

Blanchard, Depew incumbents seeking re-election promise to comply with spirit, letter of open government laws

Blanchard Mayor Frank Broyles and Depew Town Trustee Mylora Tuttle have signed FOI Oklahoma's Open Government Pledge as they seek re-election April 2.
 
Broyles and Tuttle pledged that if re-elected, they and their municipal governments "will comply with not only the letter but also the spirit of Oklahoma's Open Meeting and Open Records laws."
 
They 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."
 
Broyles had signed the pledge in 2011 prior to being elected to fill an unexpired term to represent Ward 4 on the City Council.
 
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