a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority", Information provided to the public such as what you. 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)! I made it a priority to honor these requests, and my team went to work. Click here to donate online to support our journalism. 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. 301-314 There are consequences for willful violations of the Act: Civil Implications: Actions taken in willful violation are invalid. Stitt bans medical gender transition procedures for minors in Oklahoma, May is known as the heart of severe weather season in Oklahoma. "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.". Note: This post was updated on March 27, 2020 to include the FAQ #2 at the time it was released by the Attorney General. Julie Pittman, General Counsel and Thomas Schneider, Deputy General CounselOffice of the Oklahoma Attorney General. A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. 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. 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. Want to stay up-to-date on the latest news about open government and FOI Oklahoma? The turnpike authority also purchased several homes in the path of the proposed Norman area turnpikes. 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.. "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.". 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. Under the Open Meeting Law, the public is. 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. 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. 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. 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. Attorney General opinion regarding the confidentiality of settlement agreements reached between the Insurance Commissioner and pharmacy benefit managers under the Patients Right to Pharmacy Choice Act. 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.. Reserve your copy of the brand new 23rd edition, which will be available in mid- to late September, at our online store. 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 22nd edition is available now and includes updates from the 2020 and 2021 legislative sessions. No one should have to resort to litigation to obtain a public record. ", -- Oklahoma Attorney General Gentner Drummond. 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. 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 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. Open Meeting & Open Records Books. 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. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. But during the Open Meeting Act cases discovery period, Tarasov said OTA officials testified in depositions there was no reliance on legal counsels opinion. A public body may voluntarily choose to allow public comment. Drummond tells FOX23, no matter the outcome of that appeal, he wants more transparency from the OTA. 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. More:This attorney has become a 'valuable tool' for journalists fighting for public records. And its important that it not be swept under the rug and not mischaracterize what Olsen said in his ruling. In that case, the judge said the agenda language in the agenda item the OTA voted on was too vague. Labarthe said the agencys attorney, Phillip Whaley, disagrees, stating that because the announcement of the plan was not voted on by the board under the directors report, the rollout didnt constitute invalidation. Attorney General opinion regarding whether Oklahoma law allows a company to sell its own real estate without having to obtain a real estate license. 304(2) When conducting business of public body By a majority of its members Being personally together, OR, by teleconference, as authorized by 307.1 NOTE: a"meeting"doesnotincludeinformalgatheringsofamajorityofmemberswhennobusinessofthepublicbodyisbeingdiscussed. 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. 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. 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. 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." "As Attorney General, I will demand transparency. 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. The book also includes a plain-English digest of every court ruling and attorney general opinion that relates to these laws. Mark your calendar and plan to attend. Attorney Stan Ward filed the latest. 2511 0 obj <>stream 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. 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 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. The agency subsequently paused all operations for the ACCESS project on Dec. 8. It doesnt matter whether youre a news reporter or an interested resident. 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. The Attorney General looks at the conversion of the State Board of Health to a purely advisory body. Local attorney Stan Ward is heading back to court on a lawsuit he won against the Oklahoma Turnpike Authority after the agencys attorney refused to sign the final judgment in the case. Winds N at 5 to 10 mph.. A mostly clear sky. %PDF-1.5 % What is the process for issuing an Attorney General opinion. The school board meeting is where school board members discuss and take action on a variety of matters involving the district. "It seems as if we prosecute some crimes more vigorously than we prosecute others.". Thats not just my opinion; its the law. 23rd, Oklahoma City, OK 73105, (405) 528-7515; (800) 324-6651; Fax (405) 528-7560. 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. 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. Acting on his/her advice gives your municipality a measure of protection should there be any questions regarding the particulars of your unique situation. Winds NE at 5 to 10 mph.. 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. 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. Sign up now to get our FREE breaking news coverage delivered right to your inbox. 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. a5!{: mPeB}. These principles are imperative for citizens to hold their government accountable. For more information, emaillsutliff@okpress.com. There may be deficiencies that were simply procedural and we can learn from that and improve for the future, Drummond said. 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. 2:08. Ask about the reason for the request to determine if a search fee should be charged because the request is for a commercial purpose. The Oklahoma Municipal League Inquiry Service does not render legal advice or act as a legal advisor. Electronic and Telephonic Communications 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 . that relates to these laws. Read MoreGov. Other non-council meetings such as the PWA are not included in the computation. 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. Read MoreVictim in soliciting case says McFadden texted her night before 7 bodies were found, What started as an amber alert ended with seven bodies found on a Henryetta property. Read More7 bodies found near Henryetta. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. 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 school board meeting is the most important event in the administration of public schools. 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. Continuing education credit hours are available from the following groups. 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 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. Before February, Jaci Statton wasn't particularly focused on Oklahoma's abortion bans. 25 O.S. "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. "Hopefully he will look at this very seriously," Ward said. Oklahoma District Attorney, District 22 P.O. 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. 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.
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