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. Your municipal attorney is your legal advisor. 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. Julie Pittman, General Counsel and Thomas Schneider, Deputy General CounselOffice of the Oklahoma Attorney General. 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. 2511 0 obj <>stream 307(F)(2). On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the states Open Meeting Act. Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. 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. 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 . How do I request an Attorney General opinion? ", The agendas for the meetings in question clearly do not comply with the (Open Meeting Act), Olsen said. "Meeting" Defined 25 O.S. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. 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. The Attorney General looks at the conversion of the State Board of Health to a purely advisory body. 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 . 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. Electronic and Telephonic Communications See 25 O.S.2011, 304(1).3 Title 25, Section 307(B)(1) of the Oklahoma Open Meeting Act provides that public bodies may hold executive sessions to discuss certain subjects involving an" individual salaried public officer or employee." These principles are imperative for citizens to hold their government accountable. of this title shall be known and may be cited as the "Oklahoma Open Records Act". I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. Opinion No. 05-29, Opinion No. 05-29 (2005) | Casetext Search + Citator 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). 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. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. 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. 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 Open Meeting Act and Open Records Act, plus it's updated annually after each State legislative session. 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 of Title 25 of the Oklahoma Statutes; 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. 2023 www.oklahoman.com. AG Opinion 2022-6 November 16, 2022 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. 201 N.E. Back to court after judge rules against OTA in open meeting act lawsuit 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. Regardless, the good faith defense doesnt apply to outside entities like engineering firms, so theyre liable for the funds, Tarasov said. Oklahoma turnpike expansion in question after judge's 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." 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. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. Winds ENE at 5 to 10 mph. 1998 OK AG 45 - FOIBible Mark your calendar and plan to attend. Winds N at 5 to 10 mph. 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 Oklahoma Turnpike Authority. 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. with the states supreme court to re-decide whether it had indeed violated the Open Meeting Act. Continuing education credit hours are available from the following groups. The Oklahoma open meetings and open records act help make the work of the state transparent. It doesnt matter whether youre a news reporter or an interested resident. 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. 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. "As Attorney General, I will demand transparency. 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. The spokesperson said the OTAs ratification action at its January 2023 board meeting sufficiently rehabilitated what the Court found to be deficient.. 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 powers and duties of the Administrator and the Board of the Oklahoma Health Care Authority. 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. 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. An open records request also revealed the turnpike authority paid a public relations firm to acquire a list of potential turnpike opposition web domain addresses. 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. 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. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. All rights reserved. Oklahoma State School Boards Association 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. Opinions Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. 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 Attorney General Opinions are presented online for informational use only and do not replace the official versions. 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. PDF 2022-2 ATTORNEY GENERAL OPINION Oklahoma District Attorney, District 22 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. You are entitled to inspect most public records as promptly as possible. More:Journalist sues Oklahoma governor, attorney general over records request delays. In that investigation, legal experts told FOX23. A. Sign up now to get our FREE breaking news coverage delivered right to your inbox. 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. 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. 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. 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.
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