18b (A(5)) provides the following language: The duties of the Attorney General as the chief law officer of the state shall be To give an opinion in writing upon all questions of law submitted to the Attorney General by the Legislature or either branch thereof, or by any state officer, board, commission or department, provided, that the Attorney General shall not furnish opinions to any but district attorneys, the Legislature or either branch thereof, or any other state official, board, commission or department, and to them only upon matters in which they are officially interested. Openness and transparency are among the hallmarks of our nation and its government created of the people, by the people and for the people. All residents have a right to the public records that belong to them. Oklahoma District Attorney, District 22 P.O. Oklahoma Open Meeting Act Office of Attorney General Jan Preslar, Deputy Attorney General There are consequences for willful violations of the Act: Civil Implications: Actions taken in willful violation are invalid. The appeal cites several. When Defendant OTA Executive Director Tim Gatz and Governor Kevin Stitt announced the rollout of ACCESS Oklahoma at the Feb. 22, 2022 meeting, they were committing the State of Oklahoma to this $5 billion ACECSS program, Wards motion states. Open Meeting Act FAQ Oklahoma Municipal League OPA's publication includes the complete text of Oklahoma's Open Meeting Act and Open Records Act, plus it's updated after each State legislative session. Here's your chance. And then there may be errors that were substantivethat the OTA has a burden to sustain if it wants to continue doing what its doing., In response to Drummonds request for an audit the OTA released a statement that says in part, the Oklahoma Turnpike Authority welcomes the opportunity to demonstrate how well it manages its duties and fiscal responsibilities and is always looking ways to improve its processes.". Lawyers allege improper handling of ACCESS turnpike project payments Oklahoma turnpike expansion in question after judge's ruling PRESENTED BY: That judge in Cleveland County ruled last fall the OTA willfully violated Oklahoma's Open Meeting Act in a vote it took related to it's $5 billion dollar access Oklahoma Turnpike Expansion plan. Read MoreTwo missing girls were suspected to be with convicted rapist, The mother of a missing 14-year-old girl in Okmulgee County says police just informed her seven bodies have been found on a property near Henryetta. A. All workshops are FREE to attend and no registration is required. 301-314 There are consequences for willful violations of the Act: Civil Implications: Actions taken in willful violation are invalid. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. "The Oklahoma Turnpike Authority has always endeavored to conduct its statutory mission to construct, operate, repair and maintain turnpike projects in an open and transparent manner," Perry-Clark said. Because the public body may not take action in the executive session, the minutes will show how the public body disposes of each matter discussed upon its return to the public session of the meeting. High near 75F. that relates to these laws. You have permission to edit this article. More:Judge rules Oklahoma Turnpike Authority 'willfully' violated open meetings law. 2502 0 obj <>/Filter/FlateDecode/ID[<60A1C82621210A40B355C0484E4F2BFE>]/Index[2490 22]/Info 2489 0 R/Length 78/Prev 901037/Root 2491 0 R/Size 2512/Type/XRef/W[1 3 1]>>stream See 25 O.S.2011, 304(1).3 hbbd```b``/dN )$`# F{ c #'HhQ? Mark your calendar and plan to attend. PDF Understanding Oklahoma's Open Meeting and Open Records Act 2:08. StateImpact Oklahoma is a partnership among Oklahomas public radio stations and relies on contributions from readers and listeners to fulfill its mission of public service to Oklahoma and beyond. We directly asked whether there was any reliance on the opinion of the legal counsel in voting on those agenda items.. It doesnt matter whether youre a news reporter or an interested resident. Olsen declared the open meetings act violation was "willful." "The agendas for the meetings in question clearly do not comply with the (Open Meeting Act)," Olsen said. In an exclusive investigation earlier this month, FOX23 uncovered records of backroom conversations, ignored warnings, and a behind-closed door meeting between OTA officials and other Tulsa-area leaders about the controversial project to toll a once-free portion of the Gilcrease Expressway west of Tulsa. "It seems as if we prosecute some crimes more vigorously than we prosecute others.". the OTA willfully violated Oklahoma's Open Meeting Act in a vote it took related to it's $5 billion dollar access Oklahoma Turnpike Expansion plan. Information provided to the public such as what youve discovered and others, principally a state court judge in Cleveland County, puts my office on notice that we need to examine, Drummond told FOX23. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? During the debate in the legislature, Attorney General Mike Hunter reached out to a member of the FOI Oklahoma board to assure us that his office would quickly write and issue Frequently Asked Questions (FAQ) that clarify the language of the bill. This can be done many ways. 25 O.S. It turns out another legal expert was watching the story. Zoom Meetings Not A Violation Of Open Meeting Law, AG's Office Says OTAs Board complied with Attorney General opinion 1981 OK AG-214 when it fully reconsidered and voted to approve the contracts pursuant to OMA-compliant agenda items at its Jan. 3 regular meeting, the email reads. :eV#Ln$j2Z_NRs+8s5Vvh44\_h%$W8#Ab8_ More:Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan. %PDF-1.5 % a5!{: mPeB}. Business to be transacted as meaning all matters to be discussed at a meeting of a public body must be listed on the agenda for the meeting, he argued in the motion. Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. If you invalidate the vote of the board that authorized the entry into those contracts, then this amounts to an invalidation of the contracts themselves.. 2011-2023 Oklahoma Public Media Exchange, found in violation of the states Open Meeting Act, because of vague wording in its January and February meeting agendas, which authorized key engineering and design contracts for its controversial, A spokesperson for the OTA said it cannot yet comment on the details of that case, but points to a legal move it made last week as well: the OTA. The agenda items were void of any description of the routes for which the business being transacted were necessary.. %%EOF 25 O.S. Opinion No. 05-29, Opinion No. 05-29 (2005) | Casetext Search + Citator Open Meeting, Open Records Seminars - Oklahoma Press Association DEBRA SCHWARTZ Assistant Attorney General. Oklahoma turnpike expansion in question after judge's ruling A spokesperson for the OTA said it cannot yet comment on the details of that case, but points to a legal move it made last week as well: the OTA filed an appeal with the states supreme court to re-decide whether it had indeed violated the Open Meeting Act. Principally, that notices and publication were inadequate.. 4/25/2023Register now for 2023 Convention, 4/19/2023April Publisher available to download, 3/23/2023Free & Low-Cost Training from Poynter, 5/4/2023Oklahoma Journalism Hall of Fame Induction, 5/11/2023NA Webinar: Become a Photoshop Guru in 90 minutes, 5/11/2023OMC Webinar: Accurately and Ethically Report on Addiction, Membership Management Software Powered by. The Oklahoma open meetings and open records act help make the work of the state transparent. when it fully reconsidered and voted to approve the contracts pursuant to OMA-compliant agenda items at its Jan. 3 regular meeting, the email reads. Local attorney Stan Ward is heading back to court on a lawsuit he won against the Oklahoma Turnpike Authority after the agencys attorney refused to sign the final judgment in the case. Ive talked to several residents in the Berryhill district that feel as though there was a bait and switch, Drummond said. Read MoreVigil held in Henryetta after seven bodies found, The City of Broken Arrow held a groundbreaking ceremony on Monday for the start of construction on its 40-plus-acre Elam Park. In enacting the OMA, the Legislature promoted a new era in governmental accountability and fostered openness in government to enhance responsible decision making.1 Nothing in the OMA prohibits a public body from adopting an ordinance, resolution, rule, or charter provision that requires a greater degree of openness . Click here to donate online to support our journalism. The Oklahoman requested details of the plan but did not get them until they were presented at the turnpike authority's board meeting on Feb. 22. In that investigation, legal experts told FOX23,in their opinion, it's possible the turnpike authority violated the state's open meeting act. The school board meeting is the most important event in the administration of public schools. I . Sorry, there are no recent results for popular commented articles. OKLAHOMA CITY --The General Counsel for the Oklahoma Department of Human Services has issued a written response on behalf of the Human Services Commission to Oklahoma County District Attorney David Prater regarding complaints his office received about the Commission's compliance with the Oklahoma Open Meeting Act."We do not believe there have been any violations of the Open Meeting Act and . . ", Broken Arrow couple wrongfully accused in death of one grandson suing guardian of other grandson, Victim in soliciting case says McFadden texted her night before 7 bodies were found, Tragic end to an Amber Alert after 7 bodies found on Henryetta property, Rogers County Sheriff's Office announces name of new K-9, Gov. Transparency in State Government | Oklahoma Attorney General Those documents can be accessed below, along with a copy of the final bill language. Box 1300 Wewoka, OK 74884 Dear District Attorney Smith: This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Does the Oklahoma Open Meeting Act permit a county board of equalization Winds NE at 5 to 10 mph.. Electronic and Telephonic Communications Ward said those involved in the meetings act violations could, if prosecuted by the district attorney, face a year in county jail or a fine of up to $500. PDF Oklahoma Open Meeting Act: The Basics - Lawton Fort Sill Chamber Read MoreRepairs made after around 18 business evacuated in east Tulsa due to a gas leak, The vigil was held at the Henryetta High School gym as the community tried to come to terms with tragedy. If the agenda for the public meeting states that the comments be limited to items on the agenda, any interview questions would be outside the scope of the agenda and in violation of the Oklahoma Open Meeting Act. The purpose of the 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. PDF Oklahoma Open Meeting Act 201 N.E. Attorney General's Telemarketer Restriction Act Consumer Registry, Workers Compensation and Insurance Fraud Unit (WCIFU), Criminal Justice Reclassification Coordination Council, Commission on the Prevention of Abuse of Elderly and Vulnerable Adults, Victim Services Boards, Councils and Task Forces. W.A. One function of the Attorney General is to issue opinions to legislators and other state officers regarding questions of law in which the officer is officially interested. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. Case history Following the judge's ruling in Dec. 2020, Cleveland County Sheriff Chris Amason asked the Oklahoma State Bureau of Investigation to determine if there was a criminal violation of. The Oklahoma Turnpike Authority has spent $132.8 million, spread among 12 engineering firms, and funded such work from money allocated for other capital improvement projects, including a new midway toll plaza on the Turner Turnpike. AG Opinions | Oklahoma Attorney General In responding to a request for an opinion from a state legislator regarding the Oklahoma Sheriffs' Association, Attorney General Mike Hunter found "it meets the definition of 'public body' and is therefore subject to both the Oklahoma Open Meeting Act and the Oklahoma Open Records Act." 2511 0 obj <>stream It OTA disputes that, then they take it up on appeal. Thats not just my opinion; its the law. "OTA's Board complied with Attorney General opinion 1981 OK AG-214 when it fully reconsidered and voted to approve the contracts pursuant to OMA-compliant agenda items at its Jan. 3 regular . The rules shall include requirements for: Publishing a catalog listing goods and services and jobs that workshops can provide the state, annually; Conducting a minimum of six meetings per year, in compliance with the Oklahoma Open Meeting Act, Section 301 et seq. when the next round of seminars are scheduled: Oklahoma Journalism Hall of Fame Induction, NA Webinar: Become a Photoshop Guru in 90 minutes, OMC Webinar: Accurately and Ethically Report on Addiction. Opinions "Hopefully he will look at this very seriously," Ward said. The turnpike authority first suggested it was about to pursue a $5 billion turnpike expansion and improvement plan at a Dec. 7, 2021, meeting but did not detail the improvements or new turnpikes. How could one ratify payments that were made pursuant to contracts that have been invalidated? Oklahoma Open Records Act Section 24A.1 - Short Title Cite as: O.S. 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. AG Opinion 2022-8 January 6, 2023 Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. Accordingly, a private non-profit entity such as OSA would be a public body, and therefore subject to the Open Meeting Act, if it satisfies one of the following conditions: (i) supported in whole or in part by public funds, (ii) entrusted with the expending of public funds, or (iii) the administering of public property. Attorney General opinion regarding whether Oklahoma law allows a company to sell its own real estate without having to obtain a real estate license. Read MoreCarver Middle School hosts its annual Art Gala fundraiser, Oklahoma Natural Gas (ONG) confirms thatapproximately 18 businesses have been evacuated after a leak was found in the area near, East 21st Street and Highway 169. Read the reports and hear the stories onNPR member stations. Oklahoma's Open Meetings Act (25 O.S. Email notifications are only sent once a day, and only if there are new matching items. Read MoreGov. Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. A local attorney who sued the Oklahoma Turnpike Authority for Open Meeting Act violations and won is now suing the agency and its contractors. Under the Open Records Act, government agencies may NOT do which of the following? Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. In December, the OTA was found in violation of the states Open Meeting Act because of vague wording in its January and February meeting agendas, which authorized key engineering and design contracts for its controversial ACCESS Oklahoma project. TULSA, Okla. In an exclusive one-on-one sit-down, Oklahoma Attorney General Gentner Drummond said records uncovered in a FOX23 Investigation are part of what led him to call for an audit of. The Open Meetings Act is a state law that requires that meetings of public bodies be open to the public except in certain specific, limited situations (discussed in more detail below) where the law authorizes the public body to close a meeting. Low 52F. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. During the debate in the legislature, Attorney General Mike Hunter reached out to a member of the FOI Oklahoma board to assure us that his office would quickly write and issue Frequently Asked Questions (FAQ) that clarify the language of the bill. Evidence presented of the meetings act violation included depositions of board members, including turnpike board chairman Gene Love, that said they did not know details of ACCESS Oklahoma or the new turnpikes until the Feb. 22 meeting. Transportation Secretary Tim Gatz first announced a $5 billion, 15-year bond issue to expand and improve the toll road network at the turnpike authority's December 2021 meeting. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, And then there may be errors that were substantive, that the OTA has a burden to sustain if it wants to continue doing what it, s request for an audit the OTA released a statement that, the Oklahoma Turnpike Authority welcomes the opportunity to demonstrate how well it manages its duties and fiscal responsibilities and is always looking ways to improve its processes. 304(2) When conducting business of public body By a majority of its members Being personally together, OR, by teleconference, as authorized by 307.1 NOTE: a"meeting"doesnotincludeinformalgatheringsofamajorityofmemberswhennobusinessofthepublicbodyisbeingdiscussed. However, opinions that conclude a statute is unconstitutional are advisory only. Because Whaley refused to sign it, a hearing for a motion to settle the entry must take place, Labarthe said. Attorney General opinion regarding the constitutionality of three statutes relating to the alcoholic beverage supply chain and the prohibition against common ownership in the separate tiers of the supply chain set out in the state constitution. with the states supreme court to re-decide whether it had indeed violated the Open Meeting Act. "We respect the courts decision and will go about bringing new items of business, to correct what the court found to be deficient, for the Authority Boards consideration.". Continuing education credit hours are available from the following groups. The Attorney General looks at whether the Board of Tests for Alcohol and Drug Influence is subject to 62 O.S.2021, 211, such that it must pay ten percent (10%) of all gross fees it receives into the General Revenue Fund. Read MoreRogers County Sheriff's Office announces name of new K-9, Oklahoma Governor Kevin Stitt has signed a bill banning medical procedures for gender transition for anyone under the age of 18 in Oklahoma. "Meeting" Defined 25 O.S. All rights reserved. What is the process for issuing an Attorney General opinion. The appeal challenges several of the courts findings, including that it had willfully violated the Act, and that its agenda items lacked sufficient details. Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. It is my honor to help lead the fight for a state government that conducts itself openly and honestly, and to encourage all public officials to be accountable to the people of Oklahoma. The FOX23 Investigation also uncovered records of a behind-closed-doors meeting where officials came up with solutions to do away with the tollbut never told the public. Labarthe filed the motion Friday with the Cleveland County Court Clerk. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. Low around 45F. Sections 301-314) requires all public bodies to file advance notice of regularly scheduled and special meetings with the Secretary of State, as well as advance notice of changes in date, time, or location of regularly scheduled meetings.. They should have entered into brand new contracts with companies in compliance with the Open Meeting Act.. Sunny. The email cites an attorney general decision from 1981: If a public body concludes that it may have violated the provisions of the Open Meeting Act in a willful manner, the public body must fully reconsider those manners acted upon in violation of the Act. 1998 OK AG 45 - FOIBible Winds ENE at 5 to 10 mph. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". "As Attorney General, I will demand transparency. DREW EDMONDSON Attorney General Of Oklahoma. Attorney General John M. O'Connor and the Oklahoma Press Association invite you to attend any of these free sessions designed to deal directly with your questions and concerns about Oklahomas Open Meeting and Records Acts. If there is a defect in contract formation and a contract is null and void, there could not be any payment under that contract, said Tarasov. You are entitled to inspect most public records as promptly as possible. OKDHS General Counsel Provides Response to District Attorney Regarding Oklahoma Attorney General's Opinions : Cite: Name: Level : 2001 OK AG 7, Question Submitted by: Jerry Regier, Acting Director, Dept of Health and Secretary of . FOX23 also uncovered an email warning project leaders to explicitly state the existing stretch of the Gilcrease Expressway in Berryhill would become tolled on some public meeting flyersbut the actual flyers never said it. Mr. Hayward suggested that the town check with the Attorney General's office as to whether Zoom meetings might be a violation of the state law. Plaintiffs request the Court to set this matter for hearing at its earliest opportunity so a journal entry may be entered.. The future of the Oklahoma Turnpike Authority's $5 billion ACCESS Oklahoma plan is in question following a ruling the agency "willfully" violated the Oklahoma Open Meeting Act . As Oklahomas attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. They can take it up with the supremes., In a statement, OTA spokesperson Brenda Perry Clark said the agency takes it work and the Courts ruling seriously., (OTA) must have certainty about the Board action invalidated as staff works diligently and evaluates the corrective actions to recommend to the Board, she stated. "I was like, 'Well, that's not going to affect me. Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. Open Meeting & Open Records Books - Oklahoma Press Plaintiffs new demand is an abuse of the judicial system in order to improperly threaten and pressure public officials and its consultants to stop a much-needed public transportation improvement and expansion project, the spokesperson said. Read MoreMay is Tulsas wettest month with the highest risk of tornadoes, The Carver Middle School art program, located in Tulsa, hosted its annual Art Gala at the Greenwood Gallery on Monday. endstream endobj startxref Read MoreCity of Broken Arrow begins construction at Elam Park, OKMULGEE COUNTY, Okla. On Monday afternoon, an emergency alert was issued for two missing and endangered girls out of Okmulgee County. All residents have a right to the public records that belong to them. A number of things could happen depending on what the audit does or doesnt find. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. PDF Illinois Open Meetings Act Frequently Asked Questions for Public Bodies FOI Oklahoma appreciates the swift action by both the state legislature and General Hunter to enable public bodies in Oklahoma to continue operating in the midst of this unprecedented public health crisis while maintaining transparency that is so vital to our democracy. 2017 OK AG 18 - FOIBible It includes the complete text of A husband's dread during an abortion ordeal in Oklahoma. OPA's publication includes the complete text of Oklahoma's Open Meeting Act and Open Records Act, plus it's updated after each State legislative session. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. The agency subsequently paused all operations for the ACCESS project on Dec. 8. State and local government records are open only to Oklahoma taxpayers. )I am far from done with reading and analyzing the bill language, but already I can spot a couple of places where the bill would threaten encryption, so . Inquiry FAQ - Oklahoma Municipal League Your municipal attorney is your legal advisor. a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority", Information provided to the public such as what you. The Oklahoma Open Meeting Act requires that subjects to be discussed be provided to the public as part of agendas posted in advance of meetings. The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. call for an audit of the Oklahoma Turnpike Authority. Open Meetings Act | The Encyclopedia of Oklahoma History and Culture PDF First Amendment Audit Guidelines - Oklahoma Come join the team at the Oklahoma Office of the Attorney General! No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. EXCLUSIVE: Drummond says FOX23 Investigation, judge's ruling key in Recently, I wrote for Lawfare about Sen. Dick Durbin (D-IL)'s new STOP CSAM Act bill, S.1199.The bill text is available here.There are a lot of moving parts in this bill, which is 133 pages long. of this title shall be known and may be cited as the "Oklahoma Open Records Act". Law exam 3 Flashcards | Quizlet 2023 www.oklahoman.com. 25O.S. Attorney General clarifies changes to Open Meeting Act High 76F. The agencys plan, also known as ACCESS, is estimated to cost $5 billion and includes a new turnpike along Indian Hills Road and another in the Lake Thunderbird Watershed. Oklahoma Attorney General Opinion 02-26. The Attorney General (1998 OK AG 45) determined "Oklahoma's Open Meeting Act Does Not Require That Public Bodies, Such as City Councils, Afford Citizens a Right to be Heard at Meetings Conducted Under the Act." The council has the right to limit citizens' comments.
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