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. EXCLUSIVE: Drummond says FOX23 Investigation, judge's ruling key in Oklahoma Attorney General Opinion 02-26. Because Whaley refused to sign it, a hearing for a motion to settle the entry must take place, Labarthe said. Accordingly, a private non-profit entity such as OSA would be a public body, and therefore subject to the Open Meeting Act, if it satisfies one of the following conditions: (i) supported in whole or in part by public funds, (ii) entrusted with the expending of public funds, or (iii) the administering of public property. The school board meeting is the most important event in the administration of public schools. "As Attorney General, I will demand transparency. In his letter to her, he wrote hes heard a wide array of concerns with the financial conduct of the Oklahoma Turnpike Authority". 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. A husband's dread during an abortion ordeal in Oklahoma. 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. 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. More:This attorney has become a 'valuable tool' for journalists fighting for public records. Back to court after judge rules against OTA in open meeting act lawsuit, By Mindy Ragan Wood | Transcript Senior Staff Writer, CCS girls soccer: Behind Canty, others, Royals , BabyMobile offers babies support in Norman, OU baseball: Sooners find early momentum to sec, OU softball: Sooners sweep Jayhawks, secure Big, Ukraine ask pope's help in getting children back from Russia, Jerry Springer, politician turned TV ringmaster, dies at 79, Powder keg: Homeowners and homeless square off, A/E: Chance the Rapper starring at OU stadium religious event, Lynn is out: Judge sides with city on dual office issue in court, Family friendly carnival returns alongside music festival, Norman kicks off well-attended community visioning process, Norman merchants want city to address homelessness, OU student earns top public service scholarship, OU announces commencement speaker, honorees, Storm that killed 3 came closest in years to proving existence of 125-year-old myth about OU. All rights reserved. Electronic and Telephonic Communications 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. Come join the team at the Oklahoma Office of the Attorney General! They should have entered into brand new contracts with companies in compliance with the Open Meeting Act.. 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. New lawsuit: Over $42 million unlawfully spent by OTA 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). 0:04. 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 . Local organizations are invited, including city council representatives, county offices, school board representatives, attorneys, agency representatives and law enforcement. I made it a priority to honor these requests, and my team went to work. Emails show Oklahoma Turnpike Authority bought domain names opposing $5 billion expansion plan, Your California Privacy Rights / Privacy Policy. The entry states that the actions taken by OTA during those meetings is invalid, and that the rollout of the ACCESS plan is also invalid. of Title 25 of the Oklahoma Statutes; Open Meeting & Open Records Books - Oklahoma Press Read MoreBroken Arrow couple wrongfully accused in death of one grandson suing guardian of other grandson, The victim in a soliciting case involvingJesse McFaddensays he texted her the night before seven bodies were found on the property where Jesse allegedly lived. 2023 www.oklahoman.com. Low around 45F. There was a problem saving your notification. Open Meeting, Open Records Seminars - Oklahoma Press Association The FOX23 Investigation also uncovered records of a behind-closed-doors meeting where officials came up with solutions to do away with the tollbut never told the public. Lawyers allege improper handling of ACCESS turnpike project payments W.A. OKDHS General Counsel Provides Response to District Attorney Regarding Open Meetings Act - Oklahoma Policy Institute :eV#Ln$j2Z_NRs+8s5Vvh44\_h%$W8#Ab8_ You are entitled to inspect most public records as promptly as possible. 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." Attorney sues OTA, contractors, seeking refund of nearly $42 million 2511 0 obj <>stream endstream endobj startxref 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. 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. "It seems as if we prosecute some crimes more vigorously than we prosecute others.". Winds N at 5 to 10 mph. As Oklahomas attorney general, one of my top priorities is to aggressively enforce the Open Records and Open Meeting Acts across state government. 25 O.S. Back to court after judge rules against OTA in open meeting act lawsuit The entry must be signed by Ward, OTAs attorney and the judge, said Richard Labarthe, Wards co-counsel. Oklahoma State School Boards Association Here's your chance. PDF Illinois Open Meetings Act Frequently Asked Questions for Public Bodies 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. 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. Short Title 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. Under the Open Meeting Law, the public is. Invalidation of the rollout lacks clarity and was not action taken by the OTA Board.. 304(2). A transparent government held accountable by those it serves begets public officials who act with honesty and integrity. 1998 OK AG 45 - FOIBible 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. The Oklahoman requested details of the plan but did not get them until they were presented at the turnpike authority's board meeting on Feb. 22. "Meeting" Defined 25 O.S. Seminars are not yet scheduled for 2023 with new Attorney General Gentner Drummond, but we will hopefully have information by July. 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. Under the Act, agendas for regular and special meetings must be posted in a publicly-accessible location for at least . "I was like, 'Well, that's not going to affect me. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. Read More7 bodies found near Henryetta. 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. It turns out another legal expert was watching the story. 74 O.S. In that investigation, legal experts told FOX23. 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. 2:08. 0 Oklahoma AG: It's time to shine a light on open government Mark your calendar and plan to attend. 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. Oklahoma Attorney General's Opinions : Cite: Name: Level : 2001 OK AG 7, Question Submitted by: Jerry Regier, Acting Director, Dept of Health and Secretary of . 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. Gentner Drummond is the attorney general of Oklahoma. 307(F)(2). High 76F. 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. Opinion No. 02-37, Opinion No. 02-37 (2002) - Casetext 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 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. 23rd, Oklahoma City, OK 73105(405) 528-7515; (800) 324-6651; Fax (405) 528-7560 Oklahoma Municipal League, Inc. 201 N.E. 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. However, opinions that conclude a statute is unconstitutional are advisory only. PDF Oklahoma Open Meeting Act PDF Understanding Oklahoma's Open Meeting and Open Records Act That included the fact that the OTA used what legal experts say was too-vague language on a 2017 agenda item its board voted on to take over the Gilcrease project. You did discover a lot of information, Oklahoma Attorney General Gentner Drummond told FOX23 in an exclusive interview. How do I request an Attorney General opinion? 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. Openness and transparency are among the hallmarks of our nation and its government created of the people, by the people and for the people. the Open Meeting Act and Open Records Act, plus it's updated annually after each State legislative session. 313. What is the process for issuing an Attorney General opinion. 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. More:Journalist sues Oklahoma governor, attorney general over records request delays. Winds N at 5 to 10 mph.. A mostly clear sky. 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. Olsen declared the open meetings act violation was "willful. These principles are imperative for citizens to hold their government accountable. Oklahoma turnpike expansion in question after judge's ruling 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. A number of things could happen depending on what the audit does or doesnt find. a5!{: mPeB}. PDF Oklahoma Open Meeting Act: The Basics - Lawton Fort Sill Chamber hTO[U?- Continuing education credit hours are available from the following groups. When you check in at a seminar, confirm that you complete the required CE form to receive credit. The STOP CSAM Act: An Anti-Encryption Stalking Horse Learn about important legislative changes to the Open Meetings Act made during the past session. PDF First Amendment Audit Guidelines - Oklahoma Reserve your copy of the brand new 23rd edition, which will be available in mid- to late September, at our online store. 2011-2023 Oklahoma Public Media Exchange, found in violation of the states Open Meeting Act, because of vague wording in its January and February meeting agendas, which authorized key engineering and design contracts for its controversial, 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. Oklahoma Open Meeting Act, Oklahoma legislature, covid19, coronavirus, Open Meeting Act, governor, Kevin Stitt, Oklahoma legislature, Open Meeting Act, bills, laws, legislative action. Mark your calendar and plan to attend. Your municipal attorney is your legal advisor. . Read the reports and hear the stories onNPR member stations. I believe in leading by example. 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. Attorney Stan Ward filed the latest. All workshops are FREE to attend and no registration is required. Transportation spokeswoman Brenda Perry-Clark said the judge's decision was being evaluated after the ruling came out about 4:30 p.m. Thursday. Attorney General clarifies changes to Open Meeting Act On Monday, Drummond met with some of those upset Berryhill residents FOX23 introduced you toas well as state lawmakers from the area. 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.". 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. AG Opinion 2022-7 December 1, 2022 This opinion has been withdrawn. "Hopefully he will look at this very seriously," Ward said. 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. 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.. The turnpike authority first suggested it was about to pursue a $5 billion turnpike expansion and improvement plan at a Dec. 7, 2021, meeting but did not detail the improvements or new turnpikes. 25 O.S. UPDATED: Canadian County prosecutor won't charge city with crime for Regular and special meetings of the governing body are counted. 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. A public body may voluntarily choose to allow public comment. Sorry, there are no recent results for popular commented articles. Opinions These records include how your tax dollars are spent, why a decision that impacts your family has been made, and much more. 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. 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. 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. StateImpact Oklahoma isa collaboration of KGOU, KOSU, KWGS and KCCU. No amount of good faith can overcome the fact that the contracts were, for all practical purposes, invalidated, Tarasov said. 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. Before February, Jaci Statton wasn't particularly focused on Oklahoma's abortion bans. Record all action taken on the matters discussed. 301-314 There are consequences for willful violations of the Act: Civil Implications: Actions taken in willful violation are invalid. Labarthe said invalidating the directors report, the ACCESS rollout, was important to their case because of the high price tag to the taxpayer. 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. Oklahoma Open Records Act Section 24A.1 - Short Title Cite as: O.S. 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. When I was sworn in Jan. 9, the Office of Attorney General had a backlog of 66 Open Records requests dating back years. The agenda items were void of any description of the routes for which the business being transacted were necessary..

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