The book also includes a plain-English digest of every court ruling and attorney general opinion Stan Ward, attorney for the opposition group PIKE OFF, said the ruling will force the turnpike authority to start the process from scratch and that all decisions since Feb. 22, including the engineering contracts, are invalid. endstream endobj startxref A. These matters include developing and revising policies, approving fundraisers, hiring new employees, approving school . Want to stay up-to-date on the latest news about open government and FOI Oklahoma? Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. The Oklahoma Turnpike Authority has spent $132.8 million, spread among 12 engineering firms, and funded such work from money allocated for other capital improvement projects, including a new midway toll plaza on the Turner Turnpike. But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. Judge rules Oklahoma Turnpike Authority 'willfully' violated open meetings law, This attorney has become a 'valuable tool' for journalists fighting for public records, Journalist sues Oklahoma governor, attorney general over records request delays, Your California Privacy Rights/Privacy Policy. The Oklahoma Open Meeting Act requires that subjects to be discussed be provided to the public as part of agendas posted in advance of meetings. Read More7 bodies found near Henryetta. Read MoreRogers County Sheriff's Office announces name of new K-9, Oklahoma Governor Kevin Stitt has signed a bill banning medical procedures for gender transition for anyone under the age of 18 in Oklahoma. The 22nd edition is available now and includes updates from the 2020 and 2021 legislative sessions. Attorney General Opinion 80-215 is hereby modified to the extent it applied the "decision-making authority" test to private organizations which were not "subordinate entities" as defined in Sanders v. Benton, 579 P.2d 815 (Okla. 1978). Other non-council meetings such as the PWA are not included in the computation. The school board meeting is the most important event in the administration of public schools. Plaintiffs request the Court to set this matter for hearing at its earliest opportunity so a journal entry may be entered.. I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. hbbd```b``/dN )$`# F{ c #'HhQ? Open Meeting & Open Records Books. 2511 0 obj <>stream The Oklahoma open meetings and open records act help make the work of the state transparent. ", The agendas for the meetings in question clearly do not comply with the (Open Meeting Act), Olsen said. . More:This attorney has become a 'valuable tool' for journalists fighting for public records. Winds N at 5 to 10 mph.. A mostly clear sky. Alexander Sweet sentenced to life in federal prison, Lake Eufaula's Hobbit House prepares to take reservations, Authorities find 8 bodies in Mexican resort of Cancun. Stitt bans medical gender transition procedures for minors in Oklahoma, May is Tulsas wettest month with the highest risk of tornadoes, Carver Middle School hosts its annual Art Gala fundraiser, Repairs made after around 18 business evacuated in east Tulsa due to a gas leak, Vigil held in Henryetta after seven bodies found, City of Broken Arrow begins construction at Elam Park, Two missing girls were suspected to be with convicted rapist. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the state's Open Meeting Act. Back to court after judge rules against OTA in open meeting act lawsuit, By Mindy Ragan Wood | Transcript Senior Staff Writer, CCS girls soccer: Behind Canty, others, Royals , BabyMobile offers babies support in Norman, OU baseball: Sooners find early momentum to sec, OU softball: Sooners sweep Jayhawks, secure Big, Ukraine ask pope's help in getting children back from Russia, Jerry Springer, politician turned TV ringmaster, dies at 79, Powder keg: Homeowners and homeless square off, A/E: Chance the Rapper starring at OU stadium religious event, Lynn is out: Judge sides with city on dual office issue in court, Family friendly carnival returns alongside music festival, Norman kicks off well-attended community visioning process, Norman merchants want city to address homelessness, OU student earns top public service scholarship, OU announces commencement speaker, honorees, Storm that killed 3 came closest in years to proving existence of 125-year-old myth about OU. 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. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. 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. 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. (Techdirt valiantly tries to cover them here. Read MoreBroken Arrow couple wrongfully accused in death of one grandson suing guardian of other grandson, The victim in a soliciting case involvingJesse McFaddensays he texted her the night before seven bodies were found on the property where Jesse allegedly lived. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. There was a problem saving your notification. 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. "As Attorney General, I will demand transparency. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. The Legislature has declared open meetings to be the policy of the State: "In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public." The turnpike authority was still going through the order late Thursday and could not answer whether it means work will be put on hold or whether the order will be appealed. Order OPA's officialOpen Meeting & Records book. Go to Open Meetings The Open Meetings Act (OMA) took effect January 1, 1977. in their opinion, it's possible the turnpike authority violated the state's open meeting act. Earlier this month, Ward won a case on behalf of 260 plaintiffs who said OTA violated Oklahomas Open Meeting Act when it failed to sufficiently inform the public of a plan to expand the states toll road system on its January and February meeting agendas. Gentner Drummond is the attorney general of Oklahoma. The 22nd edition is available . StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. Mark your calendar and plan to attend. 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 the confidentiality of settlement agreements reached between the Insurance Commissioner and pharmacy benefit managers under the Patients Right to Pharmacy Choice Act. 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. Under the Open Records Act, government agencies may NOT do which of the following? A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. All residents have a right to the public records that belong to them. 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. Office of the Oklahoma Attorney General 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 Oklahoma's Open Meeting and Records Acts. Come join the team at the Oklahoma Office of the Attorney General! The entry states that the actions taken by OTA during those meetings is invalid, and that the rollout of the ACCESS plan is also invalid. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. Enid September 26Autry Technology Center-WebsiteRoom 201 -Campus Map1201 W. WillowEnid, OK 73703Google Maps directions to this location, Tulsa October 3OSU - Tulsa-WebsiteConference Center/Administration HallRoom: Auditorium -Campus map700 N. Greenwood Ave.Tulsa, OK 74106Google Maps directions to this location, McAlester October 17Eastern Oklahoma State College(McAlester campus) -WebsiteClark Bass BuildingRoom: 215, Conference Center -Campus Map1802 E College AveMcAlester, OK 74501Google Maps directions to this location, Lawton October 24Cameron University-WebsiteMcMahon Centennial ComplexMcCasland Foundation Ballroom -Campus map501 SW University DriveLawton, OK 73505Google Maps directions to this location, Oklahoma City November 14Metro Tech Conference Center-WebsiteBusiness Conference CenterRoom: Auditorium - Campus map1900 Springlake DriveOklahoma City, OK 73111-5240Google Maps directions to this location. The Attorney General looks at the conversion of the State Board of Health to a purely advisory body. The OTA knew the general routes of the turnpike plan for ACCESS Oklahoma before the Feb. 22, 2022, meeting. hTO[U?- Because Whaley refused to sign it, a hearing for a motion to settle the entry must take place, Labarthe said. 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. How do I request an Attorney General opinion? "Hopefully he will look at this very seriously," Ward said. Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. As Oklahoma's attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. 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 . 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. Learn about important legislative changes to the Open Meetings Act made during the past session. A map showing proposed turnpike routes for the ACCESS Oklahoma Turnpike project. Read MoreVictim in soliciting case says McFadden texted her night before 7 bodies were found, What started as an amber alert ended with seven bodies found on a Henryetta property. 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 . It doesnt matter whether youre a news reporter or an interested resident. In that investigation, legal experts told FOX23. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. This upcoming week is Sunshine Week, an annual celebration of access to public information and open government. 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. Tarasov said the OTAs defense that payments to contractors were done in good faith that is, relying on advice from an organizations legal counsel may absolve the officers involved with giving away agency funds. 25 O.S. Oklahoma District Attorney, District 22 P.O. However, opinions that conclude a statute is unconstitutional are advisory only. 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. We think this is the most dollar amount ever considered in the context of an open meeting case, he said. NOTE: Attorney General Opinions issued for the period 1/01/1963 through 12/31/1976 are in Adobe Acrobat format, and may be searched by the opinion number and headnote search functions. "I was like, 'Well, that's not going to affect me. 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. A new suit filed in Cleveland County District Court alleges the Oklahoma Turnpike Authority improperly remedied its Open Meeting Act violation and owes about $42 million. 313. High 76F. with the states supreme court to re-decide whether it had indeed violated the Open Meeting Act. 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. 2023 www.oklahoman.com. 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. The agency subsequently paused all operations for the ACCESS project on Dec. 8. Oklahoma Attorney General Opinion 02-26. Ive talked to several residents in the Berryhill district that feel as though there was a bait and switch, Drummond said. Winds N at 5 to 10 mph. 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. District Judge Timothy Olsen granted summary judgment on all counts in the case in which attorneys representing homeowners in the path of a new turnpike alleged the turnpike authority changed agendas to prevent the public from getting details of the ACCESS Oklahoma plan in advance of it being presented to the Oklahoma Turnpike Authority board. Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. Read the reports and hear the stories onNPR member stations. Low 52F. Under the Act, agendas for regular and special meetings must be posted in a publicly-accessible location for at least . 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. Unfortunately, there have been recent cases in which individuals have had to file lawsuits to get records after state bureaucrats refused to release them. 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. Attorney General opinion regarding the duties of the Office of Management and Enterprise Services (OMES) in acquisitions by state agencies, including whether OMES is required to verify an agencys claim that an acquisition is exempted from requirements of the Central Purchasing Act. No one should have to resort to litigation to obtain a public record. AG Opinion 2022-6 November 16, 2022 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. The spokesperson said the OTAs ratification action at its January 2023 board meeting sufficiently rehabilitated what the Court found to be deficient.. Partly cloudy early with increasing clouds overnight. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. 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. ", -- Oklahoma Attorney General Gentner Drummond. 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. It's The Law "Oklahoma Open Meeting Act" 25 O.S. It includes the complete text of A willful violation means business conducted during those meetings is invalid, Ward said at the time. ", 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. Labarthe said the agencys attorney, Phillip Whaley, disagrees, stating that because the announcement of the plan was not voted on by the board under the directors report, the rollout didnt constitute invalidation. As Oklahomas attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. "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.". 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. Attorney Stan Ward filed the latest. 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. But lawyers Stan Ward, Alexey Tarasov and Richard Lebarthe the team that won the Open Meeting case said contract payments that had already been made cant be ratified because the contracts themselves were voided by the courts decision. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. DEBRA SCHWARTZ Assistant Attorney General. EXCLUSIVE: Drummond says FOX23 Investigation, judges ruling key in call for OTA audit, 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, 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 flyers, The FOX23 Investigation also uncovered records of a behind-closed-doors meeting where officials came up with solutions to do away with the toll. The agenda items were void of any description of the routes for which the business being transacted were necessary.. Defendants desire to exclude ACCESS Oklahoma from the scope of Opinion is not only tone-deaf and atrocious public policy, it flouts the Courts unmistakable intention, the motion read. 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. Electronic and Telephonic Communications Olsen declared the open meetings act violation was "willful. 201 N.E. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. 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. More:Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan. What is the process for issuing an Attorney General opinion. All rights reserved. That included the fact that the OTA used what legal experts say was too-vague language on a 2017 agenda item its board voted on to take over the Gilcrease project. that relates to these laws. Labarthe filed the motion Friday with the Cleveland County Court Clerk. "It seems as if we prosecute some crimes more vigorously than we prosecute others.". And its important that it not be swept under the rug and not mischaracterize what Olsen said in his ruling. That decision also reads, the word willful in [, ] does not require a showing of bad faith, malice or wantonness, and includes unintentional violations., OTAs Board complied with Attorney General opinion. You did discover a lot of information, Oklahoma Attorney General Gentner Drummond told FOX23 in an exclusive interview. Under the Open Meeting Law, the public is. , __ __ Section 24A.1 et seq.
oklahoma attorney general opinions open meeting act
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