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. 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. 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. Lawyers allege improper handling of ACCESS turnpike project payments AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. 313. On Monday, Drummond met with some of those upset Berryhill residents FOX23 introduced you toas well as state lawmakers from the area. endstream endobj startxref Want to stay up-to-date on the latest news about open government and FOI Oklahoma? Read More7 bodies found near Henryetta. 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. Under the Open Records Act, government agencies may NOT do which of the following? 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. Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. 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.. 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. 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. 307(F)(2). 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. W.A. As Oklahomas attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. 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. 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. 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. a5!{: mPeB}. 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 Open Records Act Section 24A.1 - Short Title Cite as: O.S. Ask about the reason for the request to determine if a search fee should be charged because the request is for a commercial purpose. I plan to aggressively enforce Oklahoma's open records and open meetings laws across state government. 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. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. call for an audit of the Oklahoma Turnpike Authority. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. "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.". 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. 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. 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. No one should have to resort to litigation to obtain a public record. 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.. 2490 0 obj <> endobj 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. PDF First Amendment Audit Guidelines - Oklahoma 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 hbbd```b``/dN )$`# F{ c #'HhQ? 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 Open Meeting Act and Open Records Act, plus it's updated annually after each State legislative session. "It seems as if we prosecute some crimes more vigorously than we prosecute others.". 1998 OK AG 45 - FOIBible For more information, emaillsutliff@okpress.com. 2511 0 obj <>stream 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. On March 17th the Oklahoma legislature passed a bill that makes temporary changes to the states Open Meeting Act. Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer. hTO[U?- 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). 74 O.S. Open Meetings Act Training | Office of the Attorney General Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. A. "We respect the courts decision and will go about bringing new items of business, to correct what the court found to be deficient, for the Authority Boards consideration.". You have permission to edit this article. A local attorney who sued the Oklahoma Turnpike Authority for Open Meeting Act violations and won is now suing the agency and its contractors. The turnpike authority also purchased several homes in the path of the proposed Norman area turnpikes. See 25 O.S.2011, 304(1).3 )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 . 0:04. Jf^@V=j,L3(ZAeg4sFqaeAFt6A-!Q2~9=(}{9s~ ?j648u#`? Low 52F. 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 22nd edition is available . You did discover a lot of information, Oklahoma Attorney General Gentner Drummond told FOX23 in an exclusive interview. The Oklahoma Open Meeting Act, 25 O.S. 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 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. 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. Regardless, the good faith defense doesnt apply to outside entities like engineering firms, so theyre liable for the funds, Tarasov said. 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. %PDF-1.5 % New lawsuit: Over $42 million unlawfully spent by OTA 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. 2023 www.oklahoman.com. 2017 OK AG 18 - FOIBible 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. That decision also reads, the word willful in [, ] does not require a showing of bad faith, malice or wantonness, and includes unintentional violations., OTAs Board complied with Attorney General opinion. 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. StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague.
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