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. 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. with the states supreme court to re-decide whether it had indeed violated the Open Meeting Act. Office of the Oklahoma Attorney General313 NE 21st StreetOklahoma City, OK 73105, Oklahoma City: (405) 521-3921Tulsa: (918) 581-2885Fax: (405) 521-6246. 313. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. 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. 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. We directly asked whether there was any reliance on the opinion of the legal counsel in voting on those agenda items.. Sign up now to get our FREE breaking news coverage delivered right to your inbox. More:This attorney has become a 'valuable tool' for journalists fighting for public records. However, opinions that conclude a statute is unconstitutional are advisory only. 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. 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. 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. You have permission to edit this article. of this title shall be known and may be cited as the "Oklahoma Open Records Act". Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer. Sunny. 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. You are entitled to inspect most public records as promptly as possible. Under the Open Meeting Law, the public is. 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. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. :eV#Ln$j2Z_NRs+8s5Vvh44\_h%$W8#Ab8_ It's The Law "Oklahoma Open Meeting Act" 25 O.S. That there was not a full and complete record and transparency.. Continuing education credit hours are available from the following groups. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. There was a problem saving your notification. 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. Order OPA's officialOpen Meeting & Records book. Winds N at 5 to 10 mph.. A mostly clear sky. 307(F)(2). 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. "Hopefully he will look at this very seriously," Ward said. When you check in at a seminar, confirm that you complete the required CE form to receive credit. 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. ", -- Oklahoma Attorney General Gentner Drummond. 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. They should have entered into brand new contracts with companies in compliance with the Open Meeting Act.. 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. 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. 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. All workshops are FREE to attend and no registration is required. In that investigation, legal experts told FOX23. High near 75F. 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. Here's your chance. of Title 25 of the Oklahoma Statutes; Your municipal attorney is your legal advisor. 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. The Oklahoma Open Meeting Act, 25 O.S. In an exclusive investigation earlier this month, FOX23 uncovered records of backroom conversations, ignored warnings, and a behind-closed door meeting between OTA officials and other Tulsa-area leaders about the controversial project to toll a once-free portion of the Gilcrease Expressway west of Tulsa. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the states Open Meeting Act. A local attorney who sued the Oklahoma Turnpike Authority for Open Meeting Act violations and won is now suing the agency and its contractors. 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. 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. Click here to donate online to support our journalism. When you check in at a seminar, confirm that you complete the required CE form to receive credit. 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 . Plaintiffs request the Court to set this matter for hearing at its earliest opportunity so a journal entry may be entered.. 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. Seminole County District Judge Timothy L. Olsen on Dec. 1 ruled in favor of Wards clients, stating notices of meetings of public bodies which are deceptively vague and likely to mislead constitute a willful violation.. 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 agenda items were void of any description of the routes for which the business being transacted were necessary.. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. (Techdirt valiantly tries to cover them here. Because Whaley refused to sign it, a hearing for a motion to settle the entry must take place, Labarthe said. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? 74 O.S. 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)! Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. 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. More:Judge rules Oklahoma Turnpike Authority 'willfully' violated open meetings law. Just by virtue of opening an audit and investigation is enough for everybody on a go forward basis to act appropriately, he said. 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. in their opinion, it's possible the turnpike authority violated the state's open meeting act. 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.". 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. W.A. "I was like, 'Well, that's not going to affect me. . Record all action taken on the matters discussed. You have permission to edit this article. 0 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions: 1. endstream endobj startxref 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. 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 But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. Ive talked to several residents in the Berryhill district that feel as though there was a bait and switch, Drummond said. 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. 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. 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.. 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. Reserve your copy of the brand new 23rd edition, which will be available in mid- to late September, at our online store. These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. ", The agendas for the meetings in question clearly do not comply with the (Open Meeting Act), Olsen said. 25O.S. 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. 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. 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. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. The school board meeting is where school board members discuss and take action on a variety of matters involving the district. 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 . Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. 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. , __ __ Section 24A.1 et seq. 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. This can be done many ways. 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. Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. The agency subsequently paused all operations for the ACCESS project on Dec. 8. 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. When I was sworn in Jan. 9, the Office of Attorney General had a backlog of 66 Open Records requests dating back years. How do I request an Attorney General opinion? The rules shall include requirements for: Publishing a catalog listing goods and services and jobs that workshops can provide the state, annually; Conducting a minimum of six meetings per year, in compliance with the Oklahoma Open Meeting Act, Section 301 et seq. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority".
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