Fall 2000

Champions of the Right to Know | FOI "Lone Ranger" | Creek County court opens records | Tulsa importer sues Commerce Dept | Thackerville police chief gets job back |

Seven Oklahoma Champions of the Public's Right to Know were selected by members of the Oklahoma Press Association.
Recognition was given in September at the 2000 1st Amendment Congress in Tulsa The honorees were nominated by newspaper editors and publishers for their devotion to keeping the public informed about government business. They were recognized at the National First Amendment Congress in Tulsa Sept. 15-16. In addition, local newspapers will present them with plaques recognizing their public-spirited service. Honorees are: Alva School Supt. Lynn Hoskins; Madill School Supt. John Carter; Norman City Clerk Mary Hatley; Muskogee County Associate District Judge Thomas Alford; Pottawatomie County Clerk Nancy Bryce; Tillman County Commissioner Kent Smith; and Woodward District Attorney Ray Don Jackson. Oklahoma Press Association President Jerry Quinn, publisher of the Okmulgee Daily Times, praised the honorees for their commitment to the public's right to know. "These Oklahomans stand out as examples of good government. They're true public servants because they know government is the public's business, and they work hard to keep it that way. We're honored to honor them," Quinn said.

The nominations came from the Alva Review Courier, the Big Pasture News in Grandfield, the Fairview Republican, the Madill Record, the Norman Transcript, the Tecumseh Countywide News and the Tulsa World. Following are the reasons cited by editors and publishers for nominating these seven as "champions of the public's right-to-know.

MADILL SCHOOL SUPERINTENDENT JOHN CARTER
Madill Record publisher Mark Codner wrote: "Supt. Carter provides the newspaper with a packet of information similar to the one school board members receive before each meeting. Mr. Carter's door is always open, and he encourages the newspaper to contact him at his house at any time. There have been many late Tuesday night deadlines when we've called his house. Mr. Carter has never even hinted about turning down a request for a document or any type of information. In fact, Mr. Carter goes out of his way to ensure the people of Marshall County know where, why and how their money is being spent. In an era when many public bodies are limiting the amount of time the public may address the body, Mr. Carter has maintained an open allotment for public discussion during the school board's regular
meetings."


POTTAWATOMIE COUNTY CLERK NANCY BRYCE
Tecumseh Countywide News publisher Gloria Trotter included an instance when Nancy Bryce, clerk since 1993, stood up to a county commissioner who wanted to edit the controversial minutes of meetings, saying, "...the county clerk's office objects to striking part of the minutes. They are for public information, to let the public know what happens in the meeting." Trotter wrote: "What makes Bryce an outstanding public servant is her consistent openness, professionalism and commitment. She has never hesitated to answer any question I asked, including potentially embarrassing information. She goes out of her way to make sure I know of any and all special meetings as well as regular meetings. She always has extra copies of everything for the press, without being asked. She takes the heat when no one else will and shares credit easily. What makes her unique is her balance of friendliness, professionalism and iron nerve. As far as I am concerned, Bryce should be the mold from which all other county clerks are made. The public's business would then be in no danger whatever."

MUSKOGEE COUNTY ASSOCIATE DISTRICT JUDGE THOMAS ALFORD
Tulsa World executive editor Joe Worley wrote of Judge Alford: "He released a juvenile case file and court transcripts under a little known state statute on the books since 1996. Alford did not hesitate to release the documents when asked if they could be made available, and educated both the public and media of the state law. The information provided great insight into the circumstances of Seth Trickey and the Fort Gibson School shooting."

NORMAN CITY CLERK MARY HATLEY
Norman Transcript managing editor Andy Rieger wrote of Mary Hatley, city clerk since 1976: "Mrs. Hatley goes out of her way to ensure that members of the press and public have access to municipal documents. She understands the role of the press and the particular needs of the city hall reporters... Specifically, she makes it a point to share information with competing newspaper reporters at the same time so that no one has an unfair advantage. Mrs. Hatley personally calls the newspaper to inform us when special meetings are scheduled, or if agenda changes are made."

ALVA SCHOOL SUPERINTENDENT LYNN HOSKINS
Alva Review-Courier publisher Lynn Martin wrote of Hoskins, superintendent since 1984: "He leans over backward to make sure his school district operates legally" under the open meeting and records acts. "One time the agenda was not detailed enough on an executive session item... When brought to his attention, Mr. Hoskins saw to it the defective agenda item was not covered at the meeting and was postponed to a later meeting with the correct description. Every couple of years, we publish the names and salaries of all school district employees... This is not at all popular with district employees, but Mr. Hoskins readily causes the information to be available despite the grumbling against it... Mr. Hoskins has called the newspaper dozens of times asking if the wording of a particular school board agenda entry will pass our scrutiny. He is aware that our staff regularly attends meetings on open records and open meetings and figures if we don't fuss, probably no one else will either."

WOODWARD DISTRICT ATTORNEY RAY DON JACKSON
Fairview Republican publisher Hoby Hammer wrote of Jackson, district attorney for 10 years: "Jackson has been a stalwart defender of the public's right to know. He has always... advised, not just the Wood-ward County Commission-ers, but other county officers to publish full and accurate proceedings, not abbreviated murmurs. He has also advised local school boards to be open in their proceedings, even when some wanted to be less than candid with the public. On numerous occasions, he has phoned and written letters citing our OPA Open Meeting book to advise boards what they can and can't do in executive sessions... Jackson is a firm believer in the public's right to know what is going on in government at all levels. He is a true watchdog for the taxpayers..."

TILLMAN COUNTY COMMISSIONER KENT SMITH
Grandfield Big Pasture News publisher Beth Gonzales wrote: "Kent Smith has made open communication the number one priority during his first two terms as county commissioner of Tillman County. He regularly submits a column to the area newspapers, explaining what is going on throughout the county and at the courthouse. He participates in an area radio program where he readily answers questions from the general public. The commissioner meetings are held in a regularly scheduled place at the same time every week, and he constantly reminds everyone that the public is welcome."

FOI 'Lone Ranger' found friendly, open Government in small Oklahoma towns

Small town government officials seem eager to share their public records when a citizen shows up and requests them. That's what Don Young, a retired school teacher, found when he visited 41 Oklahoma towns and asked for the monthly treasurer's report in late June. Young, hired by FOI, OK., as part of a state audit of public record compliance, put 1,266 miles on his car in four days.
Dubbed "The Lone Ranger" by FOI officials, he tested the reaction toward a private citizen request, instead of a member of the press. All of the towns except six had fewer than 2,000 population. Largest was Tuttle at 2,807, and the smallest was Carney at 558.

There wasn't any negative reaction, nor flat denials. "Some clerks had stunned looks on their faces," he said, describing his requests. "Nobody's asked for that in years," said the clerk at Perkins. Some were delighted, and all were friendly and cooperative. Not all charged for the records. He spent only $5 for copies, never more than 25 cents a page. Twenty-five towns provided financial records. Five officers were closed when Young was in town. Eleven custodians of the records were not available when he arrived, for a variety of reasons. Some offered to mail him the record. One characteristic he discovered was that 31 of the towns did not have copy fees posted clearly. But at Wynnewood, the clerk was "elated" at the request, and copied nine pages, at no charge, since the fee was not posted. The clerk said she'd never had anyone asked for the records before. Neither had the clerk at Maysville. He also found a tremendous difference in equipment and records provided. At Tuttle, everything was "up-to-date," and the people were "friendly and open," taking him back in the office to show him the equipment. They offered to do an 18-page report, at 25 cents a page. At Binger, the fees were posted, and they were changing to a computer system. They welcomed him to come pick up a new yearly summary, when it was available. At Apache, the only record was a handwritten ledger, taken to the town meetings, and they copied pages for him. Some towns didn't have monthly reports, but provided the most recent financial statements, budgets, a cash account balance, or figures from the newspaper. Young said he did find a real lag in keeping records current. At least one town hadn't posted anything since the first of the year. Ten did ask whey he wanted the record, or had a form to fill out, but not in an intimidating way, Young said, but out of curiosity. If a form asked for a reason, he just put in "citizen request." A few asked where he was from.

Young was provided a protocol adapted from the Tulsa World and Daily Oklahoman sample for a similar project. He filled out a sheet on every town, recording costs, if there was a custodian, comments, if he was asked for a reason. He was instructed not to argue, and told to keep on traveling if an office was closed, since small towns are required to stay open only 30 hours a week. One town was not open that much. He traveled the old highways and usually asked at the post office for directions. City hall wasn't always easy to find.

Other towns that provided records were Carnegie, Crescent, Davenport, Elgin, Elmore City, McLoud, Geary, Hennessey, Hinton, Lexington, Meeker, Oilton, Okeene, Paoli, Prague, Rush Springs, Thomas and Yale. Officers were closed at Carney, Canton, Cyril, Earlsboro and Okarche. Those that did not have a record custodian available were Calumet, Konawa, Langston, Maud, Minco, Piedmont, Seiling, Stratford, Stroud, Wellston and Wetumka. At Calumet, a part-time employee called the treasurer at home and offered to mail the report. At Minco, a utilities clerk offered to page the administrator at the water plant. At Piedmont, the clerk wasn't in yet because of a late board meeting the night before. At Langston, the mayor wanted to know why, because he "was the mayor," and said the clerk had been off work ill for four months--that was the only effective denial. At Stroud, the clerk was off for ill health and no one else had access to the computer. An employee offered to mail it.

The towns were selected by project coordinator Terry Clark, who sought to complete a loop drive in each of the state's four quadrants that could be completed in about a day each. Small towns were targeted, generally under 2,500. Only Tuttle, Stroud and Piedmont were over 2,500. McLoud, Wynnewood and Prague were over 2,000. Days of the survey were June 22,23,27, and 29, 2000. FOI paid Young $500 for the survey, plus $5 for copies and 31 cents a mile.

Young is a Hobart native. He received his bachelor's degree in math from Oklahoma Christian in 1966 and his masters from Central State. He retired in 1992 from teaching at Putnam West, and is now an adjunct at Oklahoma City Community College. He and his wife live in Newcastle. The records of his survey, and the treasurers' reports, are in files at the Oklahoma Press Association. The FOI project was part of a three-pronged summer survey of open records in Oklahoma. The World and Oklahoman teamed to send reporters to every county seat, seeking four records. OPA mailed surveys asked for agendas to 1,409 schools, counties, municipalities, vo-techs, regents, and state agencies. The results of the joint project were published in more than 100 Oklahoma newspapers, plus a large special section, which was used for the First Amendment Congress in Tulsa this fall. The survey also spurred a special Openness workshop by the Oklahoma Municipal league in Oklahoma City in November, at which the results of the survey were discussed.

Creek county court opens sex predator's juvenile records


After first rejecting a Tulsa World request to open files on 19 year-old Robert Wayne Rotramel by Superior Court Judge Russell Mill, Associate District Judge April Sellers White has ordered them open. The Oilton man is charged with the the murder of a 7-year old and raping a 12-year old. Both lived in Oilton near where Rotramel resided with his parents. A 1996 state law allowed news media to request his records be opened. His juvenile file showed that in February 1994 a court ruled that the boy had committed forcible sodomy. He was court-ordered to treatment as a sex offender. He had other similar citations. No notice had been given to Oilton residents of his juvenile acts as is required of adults found guilty of sex offenses. The records finally opened Oct. 6 were requested by KOTV and OETA. Rep. Larry Ferguson (R-Cleveland) said he will introduce legislation to provide that sex offenders 16 and over be put on the public registry.

Tulsa importer sues Commerce Department to open records

Has the state's Commerce Department wasted millions on do-nothing overseas offices? That's what Sam Mahjoub a Tulsa importer/exporter insists. He requested 10 years of all correspondence, contracts and related records between the department and its eight foreign offices. That's maybe a ton of paper that the department wants $9,160 to find and move for Mahjoub's inspection. He refuses to pay saying inspecting the records is in the public interest and should be free. On Oct. 31 Majoub said he has reduced his request to two years of records and gave the Commerce Dept. a $500 cashier check. Former Secretary of Commerce Russell Perry, publisher of the Black Chronicle in OKC, was named in the suit filed by Majoub's lawyer Franklyn Casey. That's because Majoub says Perry took it upon himself to call and hassle him about his records request. Perry is no longer Secretary of Commerce having failed to get confirmed by the state senate after Sen. Angela Monson froze on him. Since then Gov. Frank Keating has named Perry to a newly created cabinet position, that of Secretary of Economic Development and Special Affairs, at no pay. But that too is in court. Nevertheless, Majoub and his lawyer say he will stay hitched to the records request suit, now postponed to Nov. 27 in Oklahoma county District Court before Judge Carolyn Ricks. Asst. Atty. Gen. Gregg Eldridge argues that the state of Oklahoma and its public officials have sovereign immunity, that Majoub has waived his right to public interest exception and that Majoub has an adequate remedy under law. Sources within the department say Majoub is angry because he did not get one of the contracts to represent Oklahoma on foreign trade. Meeting law violation gets chief's job back

Thackerville Police Chief Dale Avery got his job back on Oct. 25 after Dist. Judge John H . Skaggs ruled he was fired in violation of both the state's Open Meeting Act and town ordinances.

Avery heads the 2-man department in this 290 population hamlet 10 miles south of Marietta in Love county. After 20 months on the job Avery filed for Love county sheriff against the incumbent, the father-in-law of a Thackerville town council member. Avery came in third in a field of five in the August primary. He was fired Sept. 24 at the regular Thackerville council meeting. The council agenda for the meeting listed "discussion and possible termination of a police officer." Avery attended not knowing whether it was him or the other cop. Two members of the council resigned as the meeting started and one was replaced. Then Avery was fired "... for the good of the service." The ex-chief hired lawyer Rom Worthen, who asked for reconsideration at a special meeting of the Town of Thackerville council Oct. 2. Failing that he went to district court. During opening statements Judge Skaggs noted to defense attorney David Mordy the obvious violation of Open Meetings Laws. The court ordered reinstatement of Avery as chief of police and payment of back wages. Nothing was said about the up to $500 fine for "willfully violating any of the provisions of this act." Nor was anything said whether Avery will be reimbursed attorney fees and expenses.