Mass Comm. Law - Exam 3 - Open Records Act

Oklahomans are vested with what inherent right?

To know and be fully informed about their government

What is the purpose of the statute?

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

Why is open government essential to the functioning of a government?

"In order to verify accountability, the public must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process. It gives private citizens the ability to monitor the manner in which public officers discharge their public duties and ensures that such actions are carried on in an honest, efficient, faithful and competent manner."

The public records policies and procedures of agencies must meet not only the letter of the Open Records Act but also what?

The spirit of the Open Records Act - What is the presumption under this statute? openness

Who has the burden to prove what under that presumption?

The public official denying access to a record must prove that a statutory exemption applies if the denial is challenged in court.

Does the burden of production transform an open record into a record that is not open?

no

Is the fact that information may be available from an alternate source an excuse or a basis to re-designate an open record into a record that is not open?

no

Why is disclosure to be favored over exemption?

Because Oklahoma public agencies have a "duty" to provide records to the public

Why do public agencies and officials have a "duty" to provide public records to the public?

So the public may efficiently and intelligently exercise their inherent political power

Does the statute create a generalized right of informational privacy that would block access?

no

Do people providing personal information to the government generally have a reasonable expectation that the information will be kept from public access?

no

Does the existence of exempted information in a record allow the government to withhold the entire record from public inspection? What must the government do in such a situation?

No, the act requires the release of "any reasonably segregable portion" after the exempt portion has been deleted or redacted. If the exempted information "cannot be protected in the electronic format as kept by the agency, the agency must provide the requested information in a format in which the confidential information can be redacted."

Public Body Defined: To whom does the Open Records Act apply?

All public bodies and officials, save only those specifically exempted by the statute

What is the definition of a public body?

Including, but not limited to, "any office, department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust or any entity created by a trust, county, city, village, town, township, district, school district, fair board, court, executive office, advisory group, task force, study group, or any subdivision thereof, supported in whole or in part by public funds or entrusted with the expenditure of public funds or administering or operating public property, and all committees or subcommittees thereof.

Who is explicitly exempted from the definition of public body?

State judges, justices, the Council on Judicial Complaints, the Legislature and legislators

Public Official Defined: What is the statute's definition of a public official?

Any official or employee of any public body

Must a public official be associated with a particular public body?

no

Even though state judges, justices, the Council on Judicial Complaints, the Legislature and legislators are exempted from the definition of public body, they must keep complete records of what?

The receipt and expenditure of any public funds reflecting all financial and business transactions relating thereto, except that such records may be disposed of as provided by law

Which records of state legislators are open to the public?

Records of expenses occurred by legislators and legislative employees in the performance of their official duties and for which they are reimbursed

Must legislators make public records of communications with other legislators and with non-government parties?

no

Would those records of communications be public when created, received or in the possession of a public official other than a legislator?

yes?

Court Records: Which court records are generally closed? [You don't need to get into the Workers' Compensation Commission material.]

internal decision process of judges and internal court documents prepared by court personnel

Under the Open Records, is the office of the court clerk a public body and is the court clerk a public official? Yes

When are civil and criminal records filed with the court clerk not available for public inspection and copying?

May court case records be sealed simply because both parties agree to seal the record?

No

Under the Open Records Act, when may a judge seal a court case record?

Only if a compelling privacy interest exists which outweighs the public's interest in the record

What is the judge required to do to seal a court case record?

The judge must issue a public order that shall "identify the facts which the court relied upon in entering its order; make conclusions of law specific enough so that the public is aware of the legal basis for the sealing of the record; utilize the least restrictive means for achieving confidentiality; and be narrowly tailored so that only the portions of the record subject to confidentiality are sealed and the remainder of the record is kept open.

What must the judge's order identify?

identify the facts which the court relied upon in entering its order

Must the order sealing the court record be available to the public?

yes

Public Records Defined: What is the statutory definition of a record?

All documents including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public bodies, or their representatives, in connection with the transaction of public business, the expenditure of public funds or the administering of public property

That statutory definition is broad enough to include what?

Any method of memorializing information

Explain if the definition of public records is limited to only records that government agencies are required to keep.

No, "all records of public bodies and public officials

Does it include computerized documents?

No ?

Which emails, text messages and other communications created, received or maintained on a public official's private electronic device are public records?

Those made or received in connection with the transaction of public business, the expenditure of public funds or the administration of public property

Who has the burden of proving in court that a statutory exemption applies to the requested document?

The party urging non-disclosure

Must the requester prove that the document is not covered by a statutory exemption?

no?

When does the exemption for "personal notes and personally created materials ... prepared as an aid to memory or research leading to the adoption of a public policy or the implementation of a public project" apply?

To the official taking action, including making a recommendation or issuing a report

Does this exemption apply to departmental budget requests of a public body?

no

Does the Open Records Act explicitly exempt a document because it is labeled "draft"?

no

Which student-related records and information are open?

Statistical information not identified with a particular student and directory information

Must students be given the opportunity to opt-out of the student directory?

yes

May state universities and technology centers give students' names, addresses and other directory information to credit card companies and other businesses that "regularly extend consumer credit?

Yes, it just can't sell them

Are university foundation and donor records public?

no

Are voter registration records open?

yes

Whose residence and mailing addresses must be kept confidential at their request?

Those of judges, district attorneys, assistant district attorneys, law enforcement personnel and their immediate families, correctional officers, people protected by victim's protection orders, the spouses and dependents for those classes of people and participants in the Attorney General Office's Address Confidentiality Program

Who can inspect records under the statute?

Any person

Records must be open for what?

Inspection, copying or mechanical reproduction

When can records be inspected?

During regular business hours

Requesters must be allowed to use their own copying equipment unless what?

As long as that copying process does not unreasonably disrupt the essential functions of the public body or result in defacing or loss of such records

May government rules, policies or procedures conflict with the Open Records Act?

no

When are government agencies not required to supply an original document to the person requesting the record for inspection or copying?

As long as the copy furnished is a true and correct copy of the original

May government require that the request to inspect or copy public records be in writing?

yes

To what degree can a requester be required to tell the agency the reason for wanting the records?

To determine if a search fee should be charged because the records request is for a commercial purpose

Absent statutory authority to do so, may the official require requesters to provide their name and telephone number?

No

Under what conditions could a requester be asked to provide his or her name to the public agency when requesting documents?

If the records need to be mailed, if it will take at least the next day to respond to the request

When is each public body required to have someone on hand who is authorized to release public records?

At all times during the regular business hours of the public body

The person should have what and be able to do what?

A working familiarity with the Open Records Act and be able to respond to citizen inquiries for records

Should they have to ask anyone else for permission to release a record?

No, unless there is an unusual request (which is rare)

Should all records requests be forward to the agency's attorney?

No, that might be a violation

Government must provide what access to records?

Prompt, reasonable

The delay in providing records must be limited to what?

Solely to the time required for preparing the requested documents and the avoidance of excessive disruptions of the public body's essential functions

May government agencies unreasonably delay responding to a records request until after completing a prior records request that will take substantially longer than the current request?

no

Does posting records online satisfy providing prompt, reasonable access?

yes

The statute defines "public office" as what?

The physical location where public bodies conduct business or keep records

Where must records be made available if the agency has more than one office?

At the office where the records are located in the ordinary course of business

In what form must the agency make the records available for inspection?

In whatever form they exist

In 2006, Attorney General Drew Edmondson said if an agency keeps records in an electronic format, it must do what?

The agency must provide records under the Act in that format if so requested

Where must agency's post their copy and search fees?

At their principal offices and the county clerk's office

Fees cannot be used to discourage what?

Requests for information or as obstacles to disclosure of requested information

What is the maximum under the Open Records Act that can be charged for paper copies?

Uncertified copies - 25 cents per page, certified - $1 per page

May the government charge a fee to allow the requester to use a personal recording device to copy records?

no

May the government add charges to recover costs over and above those of its day-to-day operations?

yes

When may a search fee be required?

If the request is for solely commercial purposes or would clearly cause excessive disruption of the public body's essential functions

Who cannot be charged search fees?

The news media, scholars, authors, and taxpayers seeking to determine whether those entrusted with the affairs of the government are honestly, faithfully and competently performing their duties as public servants

If you sue for access to records and win, who pays your attorney fees?

What if the court deems the lawsuit to be frivolous?

The public body is entitled to reasonable attorney fees

What is the maximum criminal punishment for public officials who violate the Open Records Act?

A misdemeanor punishable by a fine up to $500 and/or up to one year in the county jail

Can public bodies and agencies be held civilly liable for damages for providing access to records in accordance with the Open Records Act?

no

Under the Open Records Act, Oklahomans are vested with the inherent right to _____ and be ______ _______ about their government.

know, fully informed

The purpose of Oklahoma's Open Records Act is to ensure and facilitate the public's right of review and access to government records so they may ______ and _______ exercise their ____ _______ _____.

efficiently; intelligently; inherent political power

The public records policies and procedures of government agencies must be in the letter and _______ of the Open Records Act.

spirit

Under the Open Records Act, records are presumed to be _____ unless ______ and _______ ________, by ________

statute; specifically; clearly; exempted; statute

When a public agency denies access to a record, the _______ has the burden of proving that a ________ applies if the denial is challenged in court.

public official; statutory exemption

Under the Open Records Act, which statement is LEAST accurate?

Government agencies may withhold a record because producing the record is burdensome.

Under the Open Records Act, which statement is MOST accurate?

Because of the statute's purpose, public agencies and officials have a duty to provide records to the public.

Under the Open Records Act, which statement is LEAST accurate?

Communications among state legislators about legislation being considered are public records.

Under the Oklahoma Open Records Act, ...

If no statutory exemption exists, the judge may seal a court record only if a compelling privacy interest outweighs the public interest in access.

Which statement about the Open Records Act definition of public records is LEAST accurate?

The public may access only those records that government agencies are required by law to keep.

Regardless of their content, email and text messages created or received on government officials' privately owned email accounts and smartphones are not public records.

false

Which document is exempted under the Oklahoma Open Records Act?

Personal notes created as a memory aid for the adoption of a public policy and requested prior to the official making a recommendation

Under the Open Records Act, which information is open to the public?

Statistical information not identified with a particular student

Under the Open Records Act, which statement is LEAST accurate?

State and local government records are open only to Oklahoma taxpayers.

Under the Open Records Act, government agencies may ...

Require the request to inspect or copy public records be in writing.

Under the Open Records Act, each public body ...

Must designate at least one employee who is authorized and available during all regular business hours of the public body to release public records.

Under the Open Records Act, ...

Any delay in providing records must be limited solely to the time required to prepare the requested documents and avoid excessive disruption of the public body's essential functions.

An Oklahoma Attorney General Opinion said that under the Open Records Act, government MUST make public records available ...

Where the record is maintained during the ordinary course of business.

Under the Open Records Act, government may make the record available in whatever format the agency deems most appropriate.

false

Under the Open Records Act, government ...

May not charge a search fee to the news media, scholars, authors and taxpayers seeking to determining if government officials are doing their jobs honestly, faithfully and competently.

Under the Open Records Act, the government may charge no more than _______ for an uncertified paper document sized 8 1/2 by 14 inches or smaller.

25 cents per page

Under the Open Records Act, which statement is LEAST accurate?

Agencies can be held civilly liable for damages resulting from their having released records in compliance with the Open Records Act.