OSU School of Media & Strategic Communications.
(Title 51, Sections 24A.1-30)
- Oklahomans "are vested with the inherent right to know and be fully informed about their government." The purpose of the Oklahoma Open Records 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
- "Openness in government is essential to the functioning of a democracy. In order to verify accountability, the public must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process. It gives private citizens the ability to monitor the manner in which public officers discharge their public duties and ensures that such actions are carried on in an honest, efficient, faithful, and competent manner."
- OKLAHOMA SUPREME COURT, 2011 OK 68, ¶ 36
- Unless a record falls within a statutory exemption, it "must be made available for public inspection."
- OKLAHOMA SUPREME COURT, 2003 OK 65, ¶ 12
- Public records "must be open to any person for inspection, copying, and/or mechanical reproduction during regular business hours."
- OKLA. STAT. tit. 51, § 24A.5
- Public bodies are required to designate someone to be available at all times during their regular business hours to release records.
- OKLA. STAT. tit. 51, &3167 24A.5(6)
- Public bodies must provide "prompt, reasonable access" to public records, which the attorney general defined as "only the time to locate and compile the records."
- OKLA. STAT. tit. 51, § 24A.5(5); DREW EDMONDSON, 1999 OK AG 58, ¶ 15
- The requester can be asked for enough information to determine if a search fee should be charged because the records request is for a commercial purpose. Otherwise, "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."
- DREW EDMONDSON, 1999 OK AG 55, ¶ 18-19
- For uncertified paper documents sized 8 1/2 by 14 inches or smaller, the charge for copying may not exceed 25 cents per page.
- OKLA. STAT. tit. 51, § 24A.5(3)
- "Charges for providing copies of electronic data to the news media for a news purpose" cannot "exceed the direct cost of making the copy."
- OKLA. STAT. tit. 51, § 24A.5(3)(b)
- For microfiche or computer tapes, the "reasonable, direct costs" for copying should be "based upon the cost of materials [and] labor needed for providing the computer program and service to produce the requested data."
- OK SUPREME COURT, 831 P.2d at 642-43 (1992)
- "In no case shall a search fee be charged when the release of said documents is in the public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to determine whether those entrusted with the affairs of the government are honestly, faithfully, and competently performing their duties as public servants."
- OKLA. STAT. tit. 51, § 24A.5(3)
- A public body denying access to a record bears the burden of proving that a statutory exemption applies to the record.
- OK SUPREME COURT, 2003, OK 65, ¶ 12
- "Law enforcement records are not public ... except as specified in the Open Records Act."
- DREW EDMONDSON, 1999 OK AG 58, ¶ 13
- Certain information kept by law enforcement agencies must be made available to the public, including "An arrestee description, including the name, date of birth, address, race, sex, physical description, and occupation of the arrestee; Facts concerning the arrest, including the cause of arrest and the name of the arresting officer; A chronological list of incidents, including initial offense report information showing the offense, date, time, general location, officer, and a brief summary of what occurred."
- OKLA. STAT. tit. 51, § 24A.8(A)(1-4)
- Personnel records relating to "internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation" "may" be kept confidential.
- OKLA. STAT. tit. 51, § 24A.7(A)(1)
- The statute keeps confidential employment applications of people not hired by government but makes public the employment applications of those who are hired.
- OKLA. STAT. tit. 51, §§ 24A.7(A)(2), (B)(1)
- Other personnel records specifically open are the gross receipts of public funds; the dates of employment, title or position; and any final disciplinary action resulting in loss of pay, suspension, demotion of position, or termination.
- OKLA. STAT. tit. 51, §§ 24A.7(A)(2), (B)(2-4)
- Home addresses of current and former government employees are confidential.
- OKLA. STAT. tit. 51, § 24A.7(D)
- Home phone numbers and Social Security numbers of state employees are confidential.
- OKLA. STAT. tit. 74, § 840-2.11
- The statute allows for statutorily exempted information such as the home address of a government employee to be deleted and the rest of the record to be released.
- OKLA. STAT. tit. 51, § 24A.5(2)
- "E-mails, text messages and other electronic communications made or received in connection with the transaction of public business, the expenditure of public funds or the administration of public property are subject to the Oklahoma Open Records Act, [its exemptions] and the Records Management Act regardless of whether they are created, received, transmitted or maintained by government officials on publicly or privately owned equipment and communications devices."
- DREW EDMONDSON, 2009 OK AG 12, ¶ 11
- A plaintiff who wins access to a public record via a civil lawsuit is entitled to "reasonable attorney fees."
- OKLA. STAT. tit. 51, § 24A.17(B)
- Any public official convicted of violating the Oklahoma Open Records Act is guilty of a misdemeanor punishable by a fine up to $500 and/or up to one year in the county jail.
- OKLA. STAT. tit. 51, § 24A.5(2)
- Public officials providing access to records in accordance with the Open Records Act cannot be held civilly liable for damages.
- OKLA. STAT. tit. 51, § 24A.17(C)