• Oklahoma's OPEN RECORDS Act
  • Oklahomans are vested with what inherent right?
     
    
  • What is the purpose of the statute?
     
    
  • Why is disclosure to be favored over exemption?
     
    
  • Why do public agencies and officials have a "duty" to provide public records to the public?
     
    
  • The public records policies and procedures of agencies must meet not only the letter of the Open Records Act but also what?
     
    
  • Does the statute create a generalized right of informational privacy that would block access? Do people providing personal information to the government generally have a reasonable expectation that the information will be kept from public access?
     
    
  • Does the existence of exempted information in a record allow the government to withhold the entire record from public inspection?
     
    
  • What is the physical form of an open record?
    • The statutory definition is broad enough to include what?
    • Explain if the definition of public records is limited to only records that government agencies are required to keep.
    • Does it include computerized documents?
    • What is the key factor for determining if e-mail is a public record?
    
    
  • Because of the Open Records Act's broad public policy underpinnings, the statute applies to whom?
     
    
  • What is the definition of "public body"?
     
    
  • Who are considered public officials?
     
    
  • The Open Records Act specifically exempts whom? But even they are required to keep what?
     
    
  • The statute defines "public office" as what?
     
    
  • Be familiar with the examples of records declared open or closed, including those of public universities.
     
    
  • Can an agency's rules, policies or procedures outweigh, or run contrary to, the Open Records Act?
     
    
  • Be familiar with the statutory exemptions. Who has the burden of proving in court that a statutory expemption applies to the requested document? Does the requester have to prove that the document is not covered by a statutory exemption?
    
    
    • What arguments are made that donor-related records in the hands of public universities should be public?
       
      
    • How are law enforcement records treated differently? Which law enforcement records are declared open?
      • Does access to law enforcement records depend upon the title of the document or the information contained in it?
         
        
      • What are the rules concerning traffic collision reports? How does the statute define newspapers? What was the law intended to stop?
      
       
      
    • Which personnel records are open or closed?
       
      
  • When can you inspect a public record?
     
    
  • Are public bodies required to supply an original document to the person requesting such record for inspection, copying and mechanical reproduction? What must they provide?
     
    
  • How much time does a public official or agency have before making a record available? How has the state attorney general defined "prompt, reasonable access"?
    • Does the statute allow agencies to withhold public records for even a small amount of time? In most instances, when should a public records request be responded to?
    
    
  • Is each public body required to have someone on hand during regular business hours to release public records? The person should have what and be able to do what? Should they have to ask anyone else for permission to release a record? Should all records requests be forward to the agency's attorney?

  • Where must the records be made available for inspection? What if the agency has more than one office?
     
    
  • To what degree can a requester be required to tell the agency the reason for wanting the records?

  • Under what conditions could a requester be asked to provide his or her name to the public agency when requesting documents?

  • In what form must the agency make the records available for inspection? In 2006, Attorney General Drew Edmondson said if an agency keeps records in an electronic format, it must do what?
     
    
  • Does the right of inspection include the right to make copies? How much can the government charge you for copying those records? Can a per-page fee be charged for electronic records?

  • Who cannot be charged search fees? Fees cannot be used to discourage what?

  • If you sue and win, who pays your attorney fees and court costs?

  • What happens to public officials who violate the open records law? Are elected and appointed municipal officials required to undergo open records training? Can public bodies and agencies be held civilly liable for damages for providing access to records in accordance with the Open Records Act?

• Oklahoma's OPEN MEETING Act
  • What was the Legislature's goal in enacting the statute?
     
    
  • What is the purpose of the statute? How should the statute be construed? When in doubt, the public body should do what?
     
    
  • What is the definition of a public body? Who is specifically exempted?
     
    
  • What three characteristics help define a public body? Under what conditions could a private, not-for-profit organization be declared a public body?
     
    
  • Does selling a product to the government or receiving a government grant make the organization a public body?
     
    
  • What affects whether a subordinate entity created by a public body is also considered a public body? "Not making decisions" means what?
     
    
  • Why are the meetings of the OSU SGA and Residence Hall Association subject to the Open Meeting Act?
     
    
  • What is the definition of a meeting? What are the four categories of meetings? When must meetings be held?
     
    
  • May all public bodies decide matters or vote by telephone or other electronic means outside the presence of the public? What are the rules regarding videoconferencing?
     
    
  • Does the statute seem to prohibit members of public bodies from discussing public business via e-mail?
     
    
  • Does the law prohibit members of a public body from gathering socially? Can they discuss public business at social gatherings? Why? Does the statute apply to the "discussion stage"?
     
    
  • Can a single member of the public body obtain a consensus by meeting alone with every other member? Would this apply to e-mails sent among the members of a public body? Would this apply to the assistants of members of a public body?
     
    
  • When can a public body legally meet in private? What are the nine topics?
    • The agenda item for an executive session "employment" exemption must include what?
    • A pending claim can refer to what? What limitation is placed upon the exemption for confidential communications between the public body and its attorney?
    • Are public bodies required to conduct executive sessions?
    • Why are public bodies not allowed to meet secretly with experts in an attempt to gain more knowledge about a subject?
    • What is the procedure for conducting an executive session?
    • Under what circumstances can "new business" be discussed in executive session?
    • In general, my public bodies vote in executive session?
    • What are the penalties/consequences for conducting an illegal executive session?
    
    
  • Why is advance public notice of a meeting required?
     
    
  • How much advance notice must a public body give for:
    • Regular meetings? What notice must be given for changing the date/time for a regular meeting?
    • Special meetings?
    • Emergency meetings?
    
     
    
  • How much in advance must the agenda be posted for each kind of meeting, including a continued or reconvened meeting?
    • Are the information packets distributed with agendas considered public records?
    • How must the agenda be worded? The language must be what?
    • Why is posting an agenda important?
    • How is "new business" defined?
    
     
    
  • Do audience members have a First Amendment or statutory right to speak at the meetings of public bodies? If a public body opens the meeting to public comment, can it restrict speakers based on content?
     
    
  • Where must the agenda be posted?
    • Are public bodies required to post notices and agendas on their Web sites?
    
     
    
  • Are public bodies required to cast votes in public? Does that include voting by mail or by proxy?
     
    
  • What are the rules regarding the minutes of meetings? When do the minutes of a public body become public records available for inspection? When may the public record public meetings?
     
    
  • What does "willful violation" mean and not mean? What happens if a court determines that a public body has violated the open meeting law? What are the criminal sanctions for violating the Open Meeting statute? Is ignorance of the law an excuse for violating it?

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