OU refuses to release cell phone records; Open Records Act doesn't allow officials to hide public records by placing them in investigatory file

The University of Oklahoma is refusing to release the cell phone records of an assistant basketball coach who resigned this week, The Oklahoman reported today.

OU officials claim the records are part of "confidential litigation files and investigatory reports," the newspaper reported.

But under the state Open Records Act, any records that "would otherwise be available for public inspection and copying, shall not be denied because a public body or public official is using or has taken possession of such records for investigatory purposes or has placed the records in a litigation or investigation file." (OKLA. STAT. tit. 51, § 24A.20)

The fact that officials may keep the cell phone records confidential in an investigatory file "does not extend to other files in which the document is kept." (1999 OK AG 58) (See also 1990 OK 60)

The Oklahoman noted that TMZ.com reported last month that a former Merrill Lynch financial adviser wired $3,000 into an account held by an OU basketball player and his mother last August.

The newspaper said it's not clear whether the investigation shielding the cell phone records is related to OU’s investigation into the relationship between the former financial adviser and the player.

The newspaper requested correspondence between OU's athletic department and the NCAA regarding the former financial adviser. But university officials denied the request, saying the correspondence is part of "confidential litigation files and investigatory reports."

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism

Rep. Watson lives up to open government pledge by voting against bill exempting birth dates of public employees

Rep. Weldon Watson, R-Tulsa, was one of two House committee members to stand up for the public's right and need to know on Thursday.

Watson was joined by Rep. Jeffrey Hickman, R-Docoma, in voting against Senate Bill 1753, which would cut off public access to government employees' birth dates in personnel files.

Hickman pointed out that there is no documented case of anyone being harmed by the birth dates being accessible under the Open Records Act and that public employees are paid by taxpayers, The Oklahoman reported.

The bill passed the House Appropriations and Budget Committee by a 12-2 vote.

However, Rep. Randy Terrill, House author of the bill and a member of the committee, again said he plans to insert compromise language into the legislation, The Oklahoman reported.

What that compromise could be was not explained.

In March, Terrill said the bill won't be in its current form when it comes up for a vote by the full House. A date for that vote hasn't been set.

Last month, Terrill, a Republican from Moore, told The Oklahoman he wants to come up with a process that outlines how and under what circumstances birth dates of public workers should be released. He said he wants the process to protect workers’ privacy while maintaining the public’s right to know about who is working for their government.

That doesn't sound any more promising for the public's right to know than the current process of balancing the public interest in disclosure and determining whether disclosure would constitute an "unwarranted invasion" of each employee's privacy.

Besides Terrill, also voting for the bill on Thursday were:

• John Auffet, D-Stilwell
• John Carey, D-Durant
• Lee Denney, R-Cushing
• Dale DeWitt, R-Braman
• Joe Dorman, D-Rush Springs
• Larry Glenn, D-Miami
• Chuck Hoskin, D-Vinita
• Guy Liebmann, R-Oklahoma City
• Scott Martin, R-Norman
• Ken Miller, R-Edmond
• Danny Morgan, D-Prague

Watson is one of 12 House members who signed FOI Oklahoma Inc.'s Open Government Pledge while campaigning for office since 2008.

By signing the pledge, the House members 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.”

The other pledge signers in the House are:

• Dank, David, R-Oklahoma City
• Collins, Wallace, D-Norman
• Lamons, Lucky, D-Tulsa
• McDaniel, Jeannie, D-Tulsa
• McDaniel, Randy, R-Edmond
• Murphey, Jason W., R-Guthrie
• Nations, Bill, D-Norman
• Russ, Todd, R-Cordell
• Sanders, Mike, R-Kingfisher
• Scott, Seneca, D-Tulsa
• Wright, Harold, R-Weatherford

We hope they will follow Watson's example of living up to the pledge if SB 1753 comes before the full House for a vote.

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism

Judge grants OPEA temporary restraining order, allows FOI OK, The Oklahoman, others to join in court battle over state workers' birth dates

Oklahoma County Judge Bryan Dixon this morning granted a temporary restraining order stopping the release of state workers' birth dates to The Oklahoman.

The judge also allowed The Oklahoman to intervene as a defendant and FOI Oklahoma, Tulsa World, KWTV, KOTV, the Oklahoma Press Association and the Reporters Committee for Freedom of the Press to file briefs in support of the public's right to the information.

Dixon also granted requests by the Oklahoma State Troopers Association and the Oklahoma Department of Public Safety to join with the Oklahoma Public Employees Association in seeking the order against the state Office of Personnel Management.

(CJ-2010-2623, Oklahoma Public Employees Association v. Oklahoma Office of Personnel Management)

The Oklahoman is expected to file an answer and a request for a summary judgment next week.

Coverage of hearing: Release of Oklahoma public employee birth dates temporarily halted by judge, By John Estus, The Oklahoman, 4.9.10.

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism

State makes millions by selling personal information, but state legislators want DOBs of public employees kept secret

The state of Oklahoma makes tens of millions of dollars selling personal information about its residents, The Oklahoman and Tulsa World reported Sunday.

In a joint investigation, the newspapers reported that for example, the state made at least $65 million in the past five years from the sale of millions of motor vehicle records that include birth dates and other personal information of all state drivers.

The Oklahoman's editor pointed out in strongly worded editorial that while "the state is reaping millions of dollars from the sale of this information," Rep. Randy Terrill and Sen. Debbe Leftwich are pushing to exempt the birth dates of public employees from government personnel files.

Editor Ed Kelley also noted that Terrill used a list of registered voters for his 2004 campaign. Voter registration records include birth dates.

Keeping birth dates secret won't help protect workers' identities or safety because the information already is available elsewhere, the keynote speaker for FOI Oklahoma Inc.'s recent Sunshine Week conference told the newspapers.

"What I would tell them is stop trying to shut the barn door after the horses are gone," said Richard J.H. Varn, chief information officer for the city of San Antonio and executive director of the Coalition for Sensible Public Records Access. "It's a lack of understanding by policy makers to what an effective countermeasure is to identity theft."

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism

State troopers ask to join OPEA lawsuit; Judge recuses herself

The Oklahoma Troopers Association wants to join with a state employees association in asking a judge to stop the state government from releasing basic personnel information on state workers.

The Troopers Association today filed a motion to intervene as a plaintiff in the Oklahoma Public Employees Association's request for the injunction.

CJ-2010-2623, Oklahoma Public Employees Association v. Oklahoma Office of Personnel Management

Judge Noma D. Gurich recused herself from the case today. She is married to John E. Miley, deputy general counsel for the Oklahoma Employment Security Commission.

The case has been transferred to Oklahoma County Judge Bryan Dixon.

The hearing has been reset for April 9.

The Oklahoman filed a motion Thursday to intervene as a defendant.

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism

The Oklahoman seeks to intervene in OPEA lawsuit aimed at stopping state from providing newspaper with information on state employees

The Oklahoman is seeking to intervene in a state employee association's lawsuit to block the state government from providing the newspaper with the birth dates and other basic personnel information on state workers.

The Oklahoma Public Employees Association requested the injunction on Monday.

A hearing is scheduled for Wednesday before Judge Noma D. Gurich. (CJ-2010-2623, Oklahoma Public Employees Association v. Oklahoma Office of Personnel Management)

In February, The Oklahoman requested basic employee information, including dates of birth, payroll records and employee identification numbers, for all state employees.

A number of local government agencies have long provided the birth dates of their employees to media outlets with no reported instances of identity thefts caused by the disclosure. Birth dates are also available in voter registration files and in many other public records.

For more background on the issue: OPEA asks judge to stop state from providing newspaper with information on state employees

Joey Senat, Ph.D.

Associate Professor

OSU School of Journalism

Dear Mayor Bartlett: Please live up to your campaign pledge of open government

As a candidate for Tulsa mayor, Dewey Bartlett Jr. 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.”

But in today's Tulsa World, Bartlett said having open meetings of a city-county collaborative committee would likely hamper frank discussions by its members.

“It seems to me that when some things are said regarding policy, there are a lot of ‘what if’ scenarios, and I think in those cases it’s probably not necessary for an open meeting,” he said.

Bartlett even seemed dismissive of Tulsa Councilman Chris Trail, who said he might vote for the committee if its meetings were open. Bartlett said if that's Trail's stipulation, “he doesn’t have to worry about being involved with it.”

How ironic that Trail, who didn't sign FOI Oklahoma's Open Government Pledge, is calling for open meetings, but Bartlett -- who did sign -- seems opposed to the public's right to observe open and frank discussions by its elected officials.

The pledge isn't conditional, Mr. Mayor. It contains no exemption for "frank discussions" only behind closed doors.

By signing the pledge, Mr. Bartlett, you endorsed "the purpose of Oklahoma's Open Meeting and Open Records laws to ensure and facilitate the public's understanding of governmental processes and problems."

That understanding occurs best when the public observes frank and open discussions by its elected officials.

More than 30 years ago, our state Supreme Court said, “If an informed citizenry is to meaningfully participate in government or at least understand why government acts affecting their daily lives are taken, the process of decision making as well as the end results must be conducted in full view of the governed." (Oklahoma Ass’n of Municipal Attorneys v. Derryberry, 1978 OK 59)

That's true even for discussions by the proposed Collaborative Government Advisory Committee, which would look for ways that Tulsa and Tulsa County could save taxpayer money by sharing services and purchases.

Don't fear open government, Mr. Bartlett. It's what you promised the voters.

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