The OTA knew the general routes of the turnpike plan for ACCESS Oklahoma before the Feb. 22, 2022, meeting. New lawsuit: Over $42 million unlawfully spent by OTA I made it a priority to honor these requests, and my team went to work. 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. endstream endobj startxref 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. 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. 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. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. 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. 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. The agency subsequently paused all operations for the ACCESS project on Dec. 8. 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.. As Oklahomas attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. 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. High near 75F. Opinions The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. 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. Here's your chance. StateImpact Oklahoma reports on energy and the environment, education, health, criminaljustice, and the intersection of government and everyday Oklahomans. More:This attorney has become a 'valuable tool' for journalists fighting for public records. 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. 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. that relates to these laws. ", The agendas for the meetings in question clearly do not comply with the (Open Meeting Act), Olsen said. 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. 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. When you check in at a seminar, confirm that you complete the required CE form to receive credit. PDF Illinois Open Meetings Act Frequently Asked Questions for Public Bodies 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. 25 O.S. "Hopefully he will look at this very seriously," Ward said. A map showing proposed turnpike routes for the ACCESS Oklahoma Turnpike project. Oklahoma State School Boards Association 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. 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. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. 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. 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. A public body may voluntarily choose to allow public comment. 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 . The STOP CSAM Act: An Anti-Encryption Stalking Horse In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. How do I request an Attorney General opinion? 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.. For more information, emaillsutliff@okpress.com. DEBRA SCHWARTZ Assistant Attorney General. You have permission to edit this article. 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. The agenda items were void of any description of the routes for which the business being transacted were necessary.. It includes the complete text of 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. It's The Law "Oklahoma Open Meeting Act" 25 O.S. Zoom Meetings Not A Violation Of Open Meeting Law, AG's Office Says 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. A number of things could happen depending on what the audit does or doesnt find. Electronic and Telephonic Communications Under the Open Records Act, government agencies may NOT do which of the following? "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.". Nonprofits Take Note: Open Meeting Laws May Apply to You hbbd```b``/dN )$`# F{ c #'HhQ? 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.". 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. 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 "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 school board meeting is the most important event in the administration of public schools. 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. In that investigation, legal experts told FOX23,in their opinion, it's possible the turnpike authority violated the state's open meeting act. 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. 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. Open Meetings Attorney Stan Ward filed the latest. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. This upcoming week is Sunshine Week, an annual celebration of access to public information and open government. 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 PDF Oklahoma Open Meeting Act: The Basics - Lawton Fort Sill Chamber 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 the reports and hear the stories onNPR member stations. 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. Oklahoma AG: It's time to shine a light on open government A couple weeks after the FOX23 Investigation airedDrummond announced he was calling on state auditor Cindy Byrd to audit the OTA. 0:04. 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. Other non-council meetings such as the PWA are not included in the computation. 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. 25 O.S. "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. Short Title Oklahoma Open Records Act Section 24A.1 - Short Title Cite as: O.S. 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. 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. ", 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. High 76F. It doesnt matter whether youre a news reporter or an interested resident. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. Low around 45F. 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. 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. Jf^@V=j,L3(ZAeg4sFqaeAFt6A-!Q2~9=(}{9s~ ?j648u#`? 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. in their opinion, it's possible the turnpike authority violated the state's open meeting act. 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. Record all action taken on the matters discussed. All workshops are FREE to attend and no registration is required. 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. 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. 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 . 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 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. a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority", Information provided to the public such as what you. More:Judge rules Oklahoma Turnpike Authority 'willfully' violated open meetings law. This can be done many ways. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. 25O.S. 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. Inquiry FAQ - Oklahoma Municipal League 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. 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). Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. Openness and transparency are among the hallmarks of our nation and its government created of the people, by the people and for the people. 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. Email notifications are only sent once a day, and only if there are new matching items. Because Whaley refused to sign it, a hearing for a motion to settle the entry must take place, Labarthe said. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". Oklahoma District Attorney, District 22 P.O. 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. 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. 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. Mark your calendar and plan to attend. These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. Open Meeting, Open Records Seminars - Oklahoma Press Association Transportation spokeswoman Brenda Perry-Clark said the judge's decision was being evaluated after the ruling came out about 4:30 p.m. Thursday. 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. hTO[U?- Winds NE at 5 to 10 mph.. Law exam 3 Flashcards | Quizlet 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. 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. Learn about important legislative changes to the Open Meetings Act made during the past session. No one should have to resort to litigation to obtain a public record. Gentner Drummond is the attorney general of Oklahoma.