This is dangerous \ Great Public Policy \ The Records Watch \ Notes from the Capitol \ No longer a laughing matter \ Juvenile Records \ Winning Essays \ Citizenship training \ High Court will decide \ U.S. District Court rules ink must remain hidden \ Is FOIA in danger? \ FOI Board commends Attorney General \ New FOI Oklahoma President \ Freedom with Security \ James Madison Project \ From our readers
November 2001: 232 register for 3rd annual 1st Amendment Congress
2002 conference scheduled for November 7-8.
98 High school and university students from across the state compete for prizes.
First place prize for the essay contest held in conjunction with the Fall 1st Amendment Congress was a desktop computer. Students were asked to write in 500 words what they thought was the impact of technology on the 1st Amendment.
The 3 winning essays are printed in this newsletter.
This is dangerous folks
Editorial taken from the Feb. 2 copy of the Vista - the UCO student newspaper
Would someone please print up a few hundred copies of the Bill of Rights and pass them out to the U.S. Congress? They seem to have forgotten that their job is to protect our rights, not restrict and ignore them. The part of the 1st amendment about separation of church and state is routinely ignored. The 2nd Amendment, giving the people the right to bear arms, is challenged regularly. The 4th Amendment, which gives us the right to privacy, has been severely limited and now is being cut up even more. The U.S. Patriot Act allows the government to read our email, listen to our phone conversations and even see what websites we visit. They can also deem certain organizations as "terrorist" organizations and deport any non-native members. This act, recently passed by the U.S. Congress is being accepted by the American people without so much as a second glance … no one wants to risk being called un-American. UCO students, at random, were asked this question: "Are you willing to give up your rights in order to feel more safe?" Answers ranged from "Yes. I don't think I have anything to hide" to "No, because it's unconstitutional." However, of eight students quoted, only two said no. The rest felt it was O.K. because "it would make us feel safer." But accepting these kind of changes without question is dangerous. The country that was built on principles of freedom is lowly taking those freedoms away.
Open Records and Open Meetings Great Public Policy By Mike Means, Oklahoma County Assessor
County officials in Tulsa are wondering if they should provide access to public records over the Internet. I urge them to embrace this technology to better serve the taxpayers, our customers.
In Oklahoma County, my office is responsible for maintaining the records involving 720 square miles with 300,000 real estate parcels, or unit of property, 30,000 business personal property accounts and 121,000 homestead records that exempts taxpayers from paying property tax on their first $1,000 of valuation. My office also files and monitors 10,594 additional homesteads, 10,933 senior valuation freezes in 19 school districts, 19 incorporated cities and towns, eight technology centers, two rural fire protection districts and two tax increment financing districts. Around Christmas, I end that sentence with, "And a partridge in a pear tree." These public records and forms are available in my office during business hours and most of these documents and forms are part of a digital network involving nearly 46 million records at the Oklahoma County Assessor's Office open 24/7 on the Internet.
My office has had nearly 2 million hits to obtain information about property taxes, print a form or to look up some information for a developer. That's what the law requires in Title 51 § 24 A.2 of the Oklahoma Statutes in the Open Records Act. "The purpose of this 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."
In Tulsa, it is a question of when these records will be made public over the Internet, not if. In my office, we have adopted a policy to provide the greatest access to records, while at the same time protecting the integrity of the records in our database. My website has been used as a template for other assessors. They merely take my website and replace the names and pictures and add whatever data they have. That's what the Open Records Law appears to require.
If county or state government wants to restrict access to public records, they must change the Open Records Law. The media, on behalf of the public, would most certainly challenge that effort. The Open Records policy in my office has been a very positive experience. My staff provides millions of records by using technology to reach out to citizens, in addition to serving people who come in our offices during business hours.
Open records are only half of the public policy requirement; there must be open meetings as well. Open Meetings and Open Records will ensure the founding fathers goal of making government serve the public and the public's right to know will endure.
(Mike Means is the Oklahoma County Assessor, his office is recognized nationally as a leader in using technology to provide Internet access to public documents.)
Post-9/11 laws may put public records, info under wraps
Patrick O'Driscoll USA TODAY
Advocates of open government are bracing for a wave of state laws to limit access to public records because of homeland security fears. In the weeks after the Sept. 11 attacks, federal agencies removed documents from Internet sites, department reading rooms and public libraries. They reasoned that terrorists could plot sabotage using data such as diagrams of dams, power plants and pipelines, details of hazardous waste sites and transport routes and safety plans for chemical plants.
Some governors, AGs and legislators have introduced bills to restrict public access to state records, too. 4 states are considering proposals to close previously open records or meetings. Some states already have removed some information from view. In others, new anti-terrorism task forces have proposed to shield law enforcement data and local emergency preparedness plans.
Proponents say bills to exempt some records from state ''sunshine'' laws are a small, necessary price for keeping information from terrorists. Sunshine laws establish a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies. The proponents say the majority of government records will remain open.
"We must balance the need for open government with our duty to protect human life and safety,'' the Washington state Attorney General said. Critics say most of the measures are knee-jerk reactions to vulnerability fears and won't stop would-be terrorists from getting the information they need.
''We've gone into virtual information lockdown since 9/11,'' says Paul McMasters, 1st Amendment ombudsman for the Freedom Forum. "American citizens are being denied the opportunity to be partners in their own government. They're being told, 'Trust us, because we don't trust you. ''
* In Idaho, a legislative panel will hear a bill to allow judges to close public records if state agencies say releasing them threatens government officials or the public. Another measure would bar public access to evacuation plans and building blueprints if there is a public safety threat.
* A Missouri bill would let local water and sewer boards close their meetings when discussing plans for guarding against terrorist attacks.
* The Florida Senate has amended its rules to allow closed meetings to discuss anti-terrorist measures. One bill would close records on anyone who flies or sells crop-duster aircraft.
* A Washington state bill would keep terrorism response plans secret and close databases of materials used to prepare for attacks.
* One Idaho measure would close documents about transporting and storing hazardous and nuclear materials.
The records watch
By Ben Blackstock
Oklahoma Department of Commerce
Foreign trade promotion offices for Oklahoma in Europe, Asia and the Orient do exist with several private contractors spending hundreds of thousands of dollars with no accountability. Tulsan Sam Mahjoub tried to open ODOC's records on performance reviews and the cost of what seems to be eight such operations. He was rebuffed. He spent $5,000 to go to court and was stalled out by motions & delays. Mahjoub says he appealed to Sen. Ted Fisher and several other legislators who support expenditures for foreign trade offices to help Oklahoma firms buying and selling overseas. Sam struck out again until State Auditor Clifton Scott decided to look. Scott's report resulted in closing of a Belgium office which ODOC had funded with cash, no receipts and no reports on what it did for the money. The State Auditor said the Antwerp representative should return $250,000 to the state; which he has refused to do. This secrecy has been going on for years, immune to public inquiry and of fleeting interest to the media.
OKC Police Department
Oklahoma City Police Crime Laboratory a.k.a. the Joyce Gilchrist pseudo-scientific conviction testimony is still secret. It's another example of an over a year "ongoing investigation" that may have caused District Attorney Bob Macy to retire early. Gov. Frank Keating appointed Macy's chief assistant Wes Lane to replace the cowboy crime fighter. False and unscientific DNA and other evidence were used to convict, imprison and even execute unknown numbers of bad guys charged with rape, murder and other felonies. Was Gilchrist pressured to invent and testify to phony "facts" so a jury would send a seemingly likely perpetrator to prison or to get the needle? Oklahoma City Police Chief M.T. Berry hasn't figured out what to do. Neither has DA Lane's office. Neither has the judicial system raised any eyebrows, which also played a part in this apparent multiple miscarriage of justice.
County Sheriff's Department
December 2000 double murder in Craig County is still unsolved and Sheriff Jimmie L. Sooter refuses to release any information requested by Joplin Globe reporter Max McCoy. Danny and Kathy Freeman were found shot to death in the rubble of their burned home on Dec. 20, 2000. Their daughter Ashley Renae Freeman and friend Laura Jaylene Bible, who were spending the night, disappeared and have not been seen since. In 1999 the Freeman's 17-year-old son was shot and killed by Craig Co. Deputy Sheriff David Haynes. The OSBI cleared Haynes citing Shane Freeman was driving a stolen pickup, reaching for a gun when shot. Fourteen months after the double murder Sheriff Sooter refused to release the incident report or any information. The district attorney does not respond to McCoy.
Electronic records of Courts
Oklahoma Supreme Court, Court of Criminal Appeals, Appellate Courts and District Court records in the eight largest Oklahoma counties are 80-90% available through www.oscn.net. Court clerks in four counties say they have no problem - Tulsa, Garfield, Payne and Cleveland. But, court clerks in four other counties on the central system are displeased - Oklahoma, Canadian, Commanche and Rogers. "A Justice said the problem of the county clerks who are unhappy is probably "garbage in garbage out."
The 69 other counties who have their court records on the Kelpro program are not interconnected with each other or the court's big eight county mainframe. It's costly. One justice said the legislature promised $6.4-million but gave them only $3.2-mil. The Kelpro System may cost as much as $2-mil/year to just maintain the software. An outside consultant, Advancia, told the Supreme Court Kelpro is not the answer but OSCN will be when finished. The state paid for new hardware in each of the county clerks and court offices. Nevertheless, State Auditor Clifton Scott said a month ago the system is flawed and he is checking it further to recommend to Chief Justice Rudy Hargrave what to do. If & when it works it will be the nation's first fully integrated courts information system from trial courts through all civil and criminal appellate courts.
Oklahoma Corp. Commission
Utility rate cases before the Oklahoma Corporation Commission frequently involve gas, electric, and/or telephone firms trying to get certain records kept from public view. Generally the law allows pass through charges but for years some utilities have created their own paper subsidiaries, which are unregulated, buy low, sell high so the mother company pockets millions. Some utility spokesmen frequently use "proprietary information and trade secrets" to block what they (ONG) paid for gas.
The Enron scandal is showing a wholly different view of deregulation, how phantom companies layer on the markups and the danger of drawing any line on full information to determine fair return for utilities. Electric co-op customers are more in the dark on what juice cost and what it's sold for.
On Wednesday, Feb. 27 the Corporation Commission heard pleas by ONG attorneys to close from public view all records dealing with what ONG paid related company suppliers for gas. Did ONG pay higher than market prices to related company suppliers so as to pass on artificially inflated gas? At issue here is an attempt by OCC to order ONG to refund $55-million in overcharges to consumers. That's both residential & commercial users.
The Associated Press filed the ONLY FOI request to keep open ONG records which are winding their way through the state Corporation Commission and, likely, to the Supreme Court. Had a request not been filed, the OCC Administrative Judge would have had no choice but to keep the records sealed.
EVERYTHING with a public utility and a consumer cooperative must be open.
Want to help? Know of hidden public records problems? It was tough enough with paper but now that most records are electronic it takes more skills to penetrate the reluctance of government agencies to supply records on request. Most follow the practice that if you are criticized just keep quiet and it will blow over. Write FOI-OK at Box 2408, Edmond, OK 73083. Or, you can Email benblack@ionet.net or kbiccum@ionet.net.
Notes from the Capitol….
OKLAHOMA CITY
Term limits looked at again
A state lawmaker thinks Oklahoma voters ought to decide whether term limits should be extended to all elected state and local office holders not only legislators but also county and municipal officers, and state and local judges, too. Oklahomans voted 2-to-1 in 1990 in favor of State Question 632, which imposed 12-year limits on members of the Legislature. Four years later Oklahomans voted almost 2-to-1 in favor of State Question 662, to impose term limits on members of Oklahoma's congressional delegation, as well; however, the U.S. Supreme Court subsequently ruled such a restriction to be unconstitutional.
"The people of this state have consistently indicated they believe 12 years is long enough in office for their lawmakers," Don Webb, OKC Republican said. "My bill would give them an opportunity to limit terms of all elected officials". Webb's proposal is similar to Senate Joint Resolution 29 filed recently by Sen. Charles Ford, R-Tulsa, but is more far-reaching because it would apply to school board members, also. Oklahoma's Governor already is limited to no more than two four-year terms, under a constitutional amendment adopted three and a half decades ago.
State Question 632 applies to legislators "elected after the effective date of this amendment, therefore to those elected after January 1, 1991. Years served to complete a vacancy are not counted. Dr. Kathy Jones, a League of Women Voters member has compiled research which lists the legislators who will be forced out of office by term limits.
In 2004, the following Senators will not be able to run for re-election: James Dunlap, Mike Fair, Charles Ford, Sam Helton, Brad Henry, Maxine Horner, Rick Littlefield, Bruce Price, Ben Robinson, Herb Rozell, Jerry Smith, Mark Snyder, Gene Stipe, Dick Wilkerson, Penny Williams.
House members who would be forced out of office in 2004 by term limits, if re-elected in 02: Larry Adair, Jack Begley, Loyd Benson, Jack Bonny, Carolyn Coleman, Kevin Cox, Frank Davis, James Dunegan, Randall Erwin, Larry Ferguson, Lloyd Fields, Jim Glover, Bill Graves, Charles Gray, Joan Greenwood, Jerry Hefner, Danny Hilliard, Joe Hutchison, Ron Kirby, Ron Langmacher, M. C. Leist, Elmer Maddux, Mike Mass, Terry Matlock, Bill Mitchell, Bill Paulk, Richard Phillips, Tim Pope, Larry Rice, Russ Roach, Larry Roberts, Don Ross, Dale Smith, Fred Stanley, J. T. Stites, Leonard Sullivan, Gary Taylor, Opio Toure, Mike Tyler, Ray Vaughn, Dan Webb, Robert Worthern.
Juvenile Records Clarification
House Bill 2610, which the House endorsed 96-0, would clarify and streamline a state law enacted six years ago to govern the release of records about juveniles charged with serious crimes. As a general rule, juvenile crime records are supposed to remain confidential. Exceptions include any juvenile certified to be prosecuted as an adult; any 16- or 17-year-old who is charged with murder, kidnapping, armed robbery, manufacturing or peddling narcotics, shooting with intent to kill, or first-degree manslaughter; anyone 13 or older charged with first-degree murder; a juvenile 14 or older who is adjudged delinquent; and records of any juvenile arrested or adjudicated delinquent for committing an act which would be considered a felony if committed by an adult.
Current state law indicates a judicial hearing must be held and 30 days' advance notice must be given to a juvenile and his/her parents or guardians before any record about that juvenile can be inspected, released, disclosed or corrected.
As a result, a citizen seeking information about a juvenile delinquent or a suspected juvenile criminal has to hire a lawyer to file a court petition, pay a $94 filing fee and wait 30 days for an answer to a legitimate inquiry, the author of HB 2610 said.
HB 2610 decrees that upon receiving a request for examination or release of a juvenile record, a judge would simply determine whether the record is among the statutory exceptions. If it is, the judge "shall issue an order authorizing inspection, release, disclosure or correction of the juvenile record. "The proposed law would loosen restrictions on the release of juvenile records while retaining judicial discretion, allowing confidential information
An issue of privacy
Legislation that would prohibit Oklahoma employers from releasing the Social Security numbers of former or current employees without their written permission is gaining momentum at the State Capitol.
House Bill 2352 by Rep. Mark Liotta, R-Tulsa, unanimously passed the state House of Representatives recently. "Your personal information ought to be protected at your place of employment," Liotta said. "I did some research on the issue this past summer and, to my surprise, found there are virtually no federal or state protections for your Social Security number." The bill authorizes releasing the number in response to requests from law enforcement agencies and in the administration of pay and benefits, Liotta said. "I think the exceptions in the bill are good for employers as they allow for reasonable and appropriate transactions." Violations of the provisions of this bill would be a misdemeanor, subject to fines of $100 for each offense. Liotta explained his concerns that led to drafting the legislation by saying, "As all of our personal information gets loaded into databases, our Social Security number is the link that allows advertisers and predators to tie that information together. With growing assaults on our privacy, and the rise of identity theft, this is just a small protection that lets you decide who can access your Social Security number from your employer." House Bill 2352 is headed to the Senate for consideration. Sen. Penny Williams, D-Tulsa, is the primary sponsor.
No longer a laughing matter
By Mark Thomas, Oklahoma Press Association
The old joke says "I could tell you, but then I'd have to kill you." It's no longer a laughing matter because of the homeland security hysteria raised by the September 11 security risks and the broad language that leaves statutory interpretation in the hands of bureaucrats and clerks of public bodies.
A Homeland Security Task Force met several times since September 11 to discuss issues that need to be changed in Oklahoma statutes. The Task Force rightfully recommended minor modifications in the Open Meeting and Open Records statutes. But minor means different things to different elected officials.
SB 1474 Crutchfield (D-Ardmore) already died on the Senate floor. In the name of Homeland Security, it would have kept confidential the "locations, blueprints, designs, or operations of … refineries, pipelines, GRDA, and water systems." It was defeated by one vote, but another identical bill, SB 1531 (Taylor D-Claremore) could be brought up at any time. These are not minor amendments.
SB1472 (Pruitt R-Broken Arrow) is another example of broad language that is unacceptable. SB 1472 says that ":all public bodies shall keep confidential all records pertaining to security measures." Complaints about overly broad language have been heard by Senator Pruitt, and he has asked OPA to get involved with the Department of Public Safety to narrow the language of the bill.
The State House of Rep. has established a Homeland Security Committee which is chaired by Rep. Bill Paulk (D-OKC). He is very conscientious about the public right to know, and has constantly worked to narrow bill language in house versions of the Homeland Security Act.
Currently, HB 2764 has been narrowed to allowing executive sessions for "vulnerability assessments, investigations of acts of terrorism, defensive plans and response plans" as it relates to homeland security. While these terms still need more definition, the House of Rep. is very attentive to narrowing these terms.
The open records act must be specific so the public can know what records are available to them and what records are closed. Weasel words such as security measures" or "operations" must be eliminated before they become an open invitation to hide documents the public should know.
EXPUNGEMENT
Senators will soon be asked to vote on SB 1646 by Sen. Shurden (D-Henryetta) which would allow for expungement of criminal records for 23 serious crimes, including some felonies. The list of crimes includes DUI, possession with intent to manufacture or distribute, soliciting a minor to cultivate or distribute tribute, use of drug paraphernalia, forging prescriptions, possession of controlled dangerous substance, and more.
Many in law enforcement are questioning the logic behind this expungement legislation. The press routinely objects to expungement since it rewrites history. But legislators have a soft spot for voters and political supporters who have been convicted of serious crimes and now want to "just get on with their life."
SECRET ADDRESSES
Representative Fred Morgan (R-OKC) has fathered HB 2921. This bill that sets up a fake address registry for victims of domestic abuse. The fake addresses would be kept in the office of the Secretary of State. The House of Representatives quickly passed this bill out of committee and passed it on a floor vote 95-0. They wanted to get this hot potato over to the Senate as quickly as possible.
IT'S THE Lawyers
Two bills attempt to keep the lawyers from finding out what people say behind closed doors.
HB 2274 by Rep. Webb (R-OKC) gives an ironclad secrecy privilege to people who serve on peer review committees. The City of OKC is pushing this bill because they want employees to freely speak about other employees behind closed doors, but keep their deliberations, votes, determinations and recommendations" confidential. Typically, the attorney for the disciplined employee subpoenas the peer review members to testify about what they said behind closed doors.
Another bill along those same lines is HB 2715 by Rep. Stanley (D-Madill). This bill adds confidentiality privileges for the Oklahoma Board of Pharmacy so they do not have to reveal the details of their investigations into violations of the Oklahoma Pharmacy Act. This investigatory confidentiality is common among state boards that have power to discipline within their profession.
TELECONFERENCING
It seems every public body wants to do business by phone rather than meeting together. To do so, they must get statutory permission in the open records act. There were several bills this year to grant that authority to bodies such as Commissioners of the Land Office, Oklahoma A&M Regents Boards, Oklahoma Workforce Investment Board, and all local Career Tech Boards.
The House of Representatives has decided that a full interim study is needed to set common ground rules for teleconferencing. As it stands in the ORA, the only stated prohibition is no executive session can be held by teleconference. Many more rules are needed before every public body is allowed to teleconference. An interim study will help set those ground rules for all public bodies.
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