These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. 313. More:Judge rules Oklahoma Turnpike Authority 'willfully' violated open meetings law. Such reconsideration, of course, must be done in compliance with the Act., That decision also reads, the word willful in [state law] does not require a showing of bad faith, malice or wantonness, and includes unintentional violations.. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. Read MoreGov. It includes the complete text of There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. 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. These principles are imperative for citizens to hold their government accountable. 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. 2511 0 obj <>stream All workshops are FREE to attend and no registration is required. 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. For more information, emaillsutliff@okpress.com. 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.". Attorney General opinion regarding whethereach adjoining county share equally in the cost of providing maintenance and construction of county highways on county lines. Winds ENE at 5 to 10 mph. Sign up to be notified when dates and locations are announced by completing the form at the bottom of this page. 2:08. 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. Mark your calendar and plan to attend. Mark your calendar and plan to attend. 301-314 There are consequences for willful violations of the Act: Civil Implications: Actions taken in willful violation are invalid. 0:04. 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. There was a problem saving your notification. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. 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 . "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 . Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. Jf^@V=j,L3(ZAeg4sFqaeAFt6A-!Q2~9=(}{9s~ ?j648u#`? 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. It turns out another legal expert was watching the story. Requirements on access to public records and the conduct of public meetings will Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. 74 O.S. We directly asked whether there was any reliance on the opinion of the legal counsel in voting on those agenda items.. On Monday, Drummond met with some of those upset Berryhill residents FOX23 introduced you toas well as state lawmakers from the area. 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. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. 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. Ive talked to several residents in the Berryhill district that feel as though there was a bait and switch, Drummond said. 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. When I was sworn in Jan. 9, the Office of Attorney General had a backlog of 66 Open Records requests dating back years. A number of things could happen depending on what the audit does or doesnt find. ", -- Oklahoma Attorney General Gentner Drummond. (Techdirt valiantly tries to cover them here. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the state's Open Meeting Act. 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. 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. , __ __ Section 24A.1 et seq. 25 O.S. 2490 0 obj <> endobj 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. Oklahoma Open Records Act Section 24A.1 - Short Title Cite as: O.S. 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. A. 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. 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. Regardless, the good faith defense doesnt apply to outside entities like engineering firms, so theyre liable for the funds, Tarasov said. 307(F)(2). 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. 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. 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. These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. 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 The Oklahoma Open Meeting Act, 25 O.S. 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. "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. 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. However, opinions that conclude a statute is unconstitutional are advisory only. Before February, Jaci Statton wasn't particularly focused on Oklahoma's abortion bans. But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. 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. Winds NE at 5 to 10 mph.. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. in their opinion, it's possible the turnpike authority violated the state's open meeting act. 201 N.E. All residents have a right to the public records that belong to them. 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. Reserve your copy of the brand new 23rd edition, which will be available in mid- to late September, at our online store. 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)! 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 . )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 . State and local government records are open only to Oklahoma taxpayers. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? 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.. call for an audit of the Oklahoma Turnpike Authority. Order OPA's officialOpen Meeting & Records book. 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. Read the reports and hear the stories onNPR member stations. 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. You have permission to edit this article. 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. 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. 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. Attorney General opinion regarding the rule-making powers vested in the State Board of Education and under what authorities the State Board may promulgate its proposed rules. A public body may voluntarily choose to allow public comment. Click here to donate online to support our journalism. Note: This post was updated on March 27, 2020 to include the FAQ #2 at the time it was released by the 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." 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. That there was not a full and complete record and transparency.. "The OTA first announced the $5 billion long-range turnpike expansion and improvement plan at the Dec. 7, 2021, board meeting, and thereafter made OTA representatives available to the media in order to publicize the announcement as much as possible," Perry-Clark said. 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. 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. 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. 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 . 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. 2023 www.oklahoman.com. I am pleased to report that backlog has been eliminated, and we have fulfilled more than 34 additional Open Records requests since my taking office. I look forward this week, and throughout the year, to working with other elected officials, civic groups, the news media and members of the public to cast a light on meetings and records lawfully required to be open. Winds N at 5 to 10 mph. 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. 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. Local organizations are invited, including city council representatives, county offices, school board representatives, attorneys, agency representatives and law enforcement. A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. ", 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. 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. These matters include developing and revising policies, approving fundraisers, hiring new employees, approving school . For the first time in five years since being accused of murder and child abuse, a Broken Arrow couple stepped into the courtroom as plaintiffs and not as defendants. Attorney General opinion regarding the powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. Oklahoma's Open Meetings Act (25 O.S. You did discover a lot of information, Oklahoma Attorney General Gentner Drummond told FOX23 in an exclusive interview. W.A. The turnpike authority also purchased several homes in the path of the proposed Norman area turnpikes. 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. 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. I made it a priority to honor these requests, and my team went to work. 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. 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. Gentner Drummond is the attorney general of Oklahoma. More:Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan. StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. 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. 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. Low 52F. 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. 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. I . A husband's dread during an abortion ordeal in Oklahoma. 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. 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. 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. be explored in depth, and your questions will be welcomed.