A public body may voluntarily choose to allow public comment. 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. You did discover a lot of information, Oklahoma Attorney General Gentner Drummond told FOX23 in an exclusive interview. Go to Open Meetings The Open Meetings Act (OMA) took effect January 1, 1977. In that investigation, legal experts told FOX23. High 76F. As Oklahoma's attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. 313. The agency subsequently paused all operations for the ACCESS project on Dec. 8. 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. Ask about the reason for the request to determine if a search fee should be charged because the request is for a commercial purpose. Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer. 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. In my role as the states chief law enforcement officer, I am committed to making sure those who request such records do not have to pursue legal action or navigate other burdensome obstacles simply to get what they lawfully have a right to receive. Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. Winds ENE at 5 to 10 mph. Learn about important legislative changes to the Open Meetings Act made during the past session. "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. 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. with the states supreme court to re-decide whether it had indeed violated the Open Meeting Act. More:Journalist sues Oklahoma governor, attorney general over records request delays. However, opinions that conclude a statute is unconstitutional are advisory only. %PDF-1.5 % The turnpike authority also purchased several homes in the path of the proposed Norman area turnpikes. 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 Labarthe filed the motion Friday with the Cleveland County Court Clerk. 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. ve discovered and others, principally a state court judge in Cleveland County, puts my office on notice that we need to examine, That judge in Cleveland County ruled last fall. The Attorney General looks at the conversion of the State Board of Health to a purely advisory body. 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. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. ", The agendas for the meetings in question clearly do not comply with the (Open Meeting Act), Olsen said. 1991 and Supp.1998, 301 - 314, generally requires that public bodies, which come under the Act, hold meetings open to the public with advance public notice of the time and place of the meeting and the matters to be considered on the agenda. A. 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. 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. 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. For more information, emaillsutliff@okpress.com. These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. 2511 0 obj <>stream The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. Come join the team at the Oklahoma Office of the Attorney General! 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. 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. )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 . 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 . 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. "The announcement was made at an early stage of development so that the public would have meaningful information about the OTAs long-range plans and the timing of future projects.". 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. 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. For the OTA to say that there was reliance [on legal counsel] now would go against what they disclosed to us in the previous lawsuit, Tarasov said. hTO[U?- This upcoming week is Sunshine Week, an annual celebration of access to public information and open government. A governing body member can be removed by operation of law if he or she is absent for more than one-half of all meetings of the governing body within any four consecutive months. I made it a priority to honor these requests, and my team went to work. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the state's Open Meeting Act. 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 . 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. Mark your calendar and plan to attend. A map showing proposed turnpike routes for the ACCESS Oklahoma Turnpike project. 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 . 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, Oklahoma Journalism Hall of Fame Induction, NA Webinar: Become a Photoshop Guru in 90 minutes, OMC Webinar: Accurately and Ethically Report on Addiction. Partly cloudy early with increasing clouds overnight. Before February, Jaci Statton wasn't particularly focused on Oklahoma's abortion bans. A willful violation means business conducted during those meetings is invalid, Ward said at the time. In the document, Ward disagrees with the argument that the director's report was irrelevant to the case, citing a 1981 Oklahoma Attorney General opinion that defined business on an agenda. 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. 25 O.S. How could one ratify payments that were made pursuant to contracts that have been invalidated? 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. 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. It's The Law "Oklahoma Open Meeting Act" 25 O.S. But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. 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. DEBRA SCHWARTZ Assistant Attorney General. 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. 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. 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. A husband's dread during an abortion ordeal in Oklahoma. The OTA knew the general routes of the turnpike plan for ACCESS Oklahoma before the Feb. 22, 2022, meeting. 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. Oklahoma's Open Meetings Act (25 O.S. The official announcement of ACCESS occurred during an item on the agenda, Directors report.. 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. 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. Note: This post was updated on March 27, 2020 to include the FAQ #2 at the time it was released by the Attorney General. The appeal cites several. I believe in leading by example. When you check in at a seminar, confirm that you complete the required CE form to receive credit. Ward and other attorneys allege the turnpike authority has sought to keep residents in the dark as it sought to get construction started before any legislative action could be taken during the 2023 session. PRESENTED BY: 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. On Monday, Drummond met with some of those upset Berryhill residents FOX23 introduced you toas well as state lawmakers from the area. 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 appeal challenges several of the courts findings, including that it had willfully violated the Act, and that its agenda items lacked sufficient details. 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 22nd edition is available now and includes updates from the 2020 and 2021 legislative sessions. of Title 25 of the Oklahoma Statutes; 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. 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. be explored in depth, and your questions will be welcomed. More:This attorney has become a 'valuable tool' for journalists fighting for public records. Sign up now to get our FREE breaking news coverage delivered right to your inbox. Plaintiffs request the Court to set this matter for hearing at its earliest opportunity so a journal entry may be entered.. Generally, public officials are required to act in accordance with an Attorney General opinion unless or until the opinion is set aside by a court. In the document, Ward disagrees with the argument that the directors report was irrelevant to the case, citing a 1981 Oklahoma Attorney General opinion that defined business on an agenda. 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. Winds N at 5 to 10 mph. Winds NE at 5 to 10 mph.. 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. Anyone who deals directly with open meetings and records will benefit from this opportunity to discuss those issues with General Counsel to the Attorney General. Gentner Drummond is the attorney general of Oklahoma. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. Ive talked to several residents in the Berryhill district that feel as though there was a bait and switch, Drummond said. 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 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. 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. Local organizations are invited, including city council representatives, county offices, school board representatives, attorneys, agency representatives and law enforcement. 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. that relates to these laws. The agenda items were void of any description of the routes for which the business being transacted were necessary.. A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. 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. 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. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. It doesnt matter whether youre a news reporter or an interested resident. Read the reports and hear the stories onNPR member stations. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. More:Judge rules Oklahoma Turnpike Authority 'willfully' violated open meetings law. 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. The Oklahoma Open Meetings Act exists to "encourage and facilitate an informed citizenry's understanding of governmental processes." The idea for the statute was conceived during a period of reform in the late 1950s, culminating during the gubernatorial administration of J. Howard Edmondson. They should have entered into brand new contracts with companies in compliance with the Open Meeting Act.. Intervals of clouds and sunshine. The Oklahoma open meetings and open records act help make the work of the state transparent. 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. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, A number of things could happen depending on what the audit does or doesn. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. (Techdirt valiantly tries to cover them here. 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. All workshops are FREE to attend and no registration is required. 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. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. Attorney General opinion regarding whether Oklahoma law allows a company to sell its own real estate without having to obtain a real estate license. Friday, January 6, 2023, the Oklahoma Turnpike Authority filed an appeal of the judgment in the Open Meeting Act lawsuit out of the Cleveland County District Court. In that investigation, legal experts told FOX23,in their opinion, it's possible the turnpike authority violated the state's open meeting act. 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. The school board meeting is the most important event in the administration of public schools. 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 book also includes a plain-English digest of every court ruling and attorney general opinion 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. StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. It includes the complete text of Wards motion to settle contends the judges ruling in favor of his clients was interpreted that the entire ACCESS Oklahoma Program rollout was improperly launched, it read. 304(2). 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. Click here to donate online to support our journalism. Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. Read MoreGov. 25 O.S. Unfortunately, there have been recent cases in which individuals have had to file lawsuits to get records after state bureaucrats refused to release them. All rights reserved. A number of things could happen depending on what the audit does or doesnt find. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". And its important that it not be swept under the rug and not mischaracterize what Olsen said in his ruling. 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." 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. All residents have a right to the public records that belong to them. 2490 0 obj <> endobj The 22nd edition is available . Members of a governmental body subject to the Open Meetings Act (OMA) are required to participate in education training sessions pursuant to section 551.005 of the Texas Government Code. 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. 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. W.A. a5!{: mPeB}. 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. %%EOF "I was like, 'Well, that's not going to affect me. 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. Sunny. It turns out another legal expert was watching the story. 313 Minutes of an Executive Session will be made public where the Open Meeting Act is willfully violated. 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. 0 Read MoreTragic end to an Amber Alert after 7 bodies found on Henryetta property, The polls have closed and theresultsare in, Rosco will be the new name of one of the new K-9s at Rogers County Sheriff's Office (RCSO)! We think this is the most dollar amount ever considered in the context of an open meeting case, he said. When you check in at a seminar, confirm that you complete the required CE form to receive credit. Olsen declared the open meetings act violation was "willful. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. These principles are imperative for citizens to hold their government accountable. You are entitled to inspect most public records as promptly as possible. The future of the Oklahoma Turnpike Authoritys $5 billion ACCESS Oklahoma plan is in question following a ruling the agency "willfully" violated the Oklahoma Open Meeting Act. the Open Meeting Act and Open Records Act, plus it's updated annually after each State legislative session. Those documents can be accessed below, along with a copy of the final bill language. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. 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. 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 spokesperson said the OTAs ratification action at its January 2023 board meeting sufficiently rehabilitated what the Court found to be deficient.. 301-314 There are consequences for willful violations of the Act: Civil Implications: Actions taken in willful violation are invalid. Attorney Stan Ward filed the latest. Thats not just my opinion; its the law. Sorry, there are no recent results for popular commented articles. Under the Open Records Act, government agencies may NOT do which of the following?