Tulsa County Clerk's office charging search fee
A new policy in the Tulsa County Clerk's office - backed by the District Attorney's Office - requires a $5 search fee per file. County Clerk Earlene Wilson said the main reason for the change was that the office does not always have someone available to supervise people examining the files. "We had people just come into the office and go through files, and I just didn't think that was the proper way to handle information," she said. "I don't know how else to manage the office without having a few rules." Wilson said the Tulsa World could have access to the records without a fee, but that public citizens could not. According to the Open Records Act, fees cannot be used to discourage requests or as obstacles to disclosure of information. A "reasonable fee to recover the direct cost of document search" can be charged when the request is either "solely for commercial purpose" or when it causes an "excessive disruption" of the office. The Tulsa World asked Attorney Mike Minnis, who specializes in First Amendment law, to comment on the fee. Minnis said the act provides that in no case shall a search fee be charged when release of the public document is in the public interest. That includes, but isn't limited to, reporters, scholars, authors and taxpayers. Minnis said it is up to public offices to establish procedures for maintaining the security of documents. "I don't know too many people that have a problem with that," said Minnis.
Craig County Clerk's office releases records to media
Official reports on the shooting death of Shane Freeman by a Craig County deputy in 1999 have been released to the media, along with an explanation for the delay of access. An article written by a reporter with the Joplin Globe in Missouri indicated that Craig County Sheriff Jimmie Sooter had denied him copies of records on the shooting death of Freeman. Michelle Shultz, counsel for District Attorney Gene Haynes, said the request for the document should have been directed to the district attorney's office rather than the sheriff's office. "The sheriff did not have copies of the reports, so that is how he responded," she said. Haynes explained in a statement that his office was informed weeks ago that Sheriff Sooter had refused a request from the Globe for information on the case. The Globe had requested all records relating to the case of Freeman, who was shot and killed on Jan. 8, 1999, by former Deputy David Hayes outside of Welch. Haynes asked Sooter to try to locate the report, but he was unable to. In mid-April, Haynes' Craig County office located the file, which was delivered to Haynes, who in turn released it.
Wilburton publisher files complaint against regents
Russ Mabry, publisher of the Latimer County News-Tribune in Wilburton, was scheduled to present a formal complaint detailing alleged violations related to the Eastern Oklahoma State College Board of Regents' April 8 ouster of Dr. Rollin Reimer to District Attorney Rob Wallace in Poteau. Mabry alleges that numerous Oklahoma Open Meeting Act violations were committed through what is alleged to have been a choreographed effort to remove Reimer from office. Mabry and retired certified public accountant Monte Carnahan allege the board exceeded its scope of an agenda item by discussing the termination of Dr. Reimer, which was not specified on the agenda, and negotiating and preparing a resignation agreement with him. "Additionally," wrote Mabry and Carnahan, "we find that the Heavener meeting appears to have been outside the bounds of the normal and proper conduct of the college's business, especially in view of the fact that the Board has failed to convene a regular business meeting since February 15, 2002. "We insist that the minutes of the special meeting held Monday, April 8, 2002 should not be signed or approved by the Regents," the letter continues. "We petition that a court order be issued to stop the board's actions concerning Dr. Rollin Reimer's Resignation Agreement, and that all subsequent actions… be declared illegal and invalid, and that Dr. Rollin Reimer should continue in his duties as President of Eastern Oklahoma State College, as per his original employment contract."
Reporters threatened by police
Reporters and photographers from several state and out-of-state media outlets had difficulty in obtaining access for coverage of the I-40 bridge collapse over the Arkansas River during Memorial Day weekend. In gathering the comments of the staff at the scene, it appears several different law enforcement and state agencies were involved in threatening reporters and photographers with arrest or forcing them to leave public areas. Ken Raymond, police reporter for The Oklahoman, said twice during his stay at Webbers Falls he was threatened with arrest by Muskogee County sheriff's deputies. Along with Oklahoman correspondent Sheila Stogsdill and Oklahoman photographer Steve Sisney, he was also threatened with arrest by John Hnath, a volunteer worker with the medical examiner's office in Tulsa. Stogsdill, while standing in a public park, was handcuffed by members of the Webbers Falls police dept. She was taken to an area outside the police station but before entering, the town's mayor ordered Stogsdill released. The mayor also made the police officers apologize to Stogsdill. Raymond and Sisney then arrived at the police station and asked the officers by what authority they were attempting to arrest Stogsdill. They said it was on the medical examiner's authority. Raymond said he also saw videotape of another incident involving either Army reservists or National Guardsmen confronting television reporter Brett Shipp from Dallas. The officials ordered Shipp to leave the area of the police station. He refused and said they had no right to evict him from a public place. In addition, the Oklahoma Highway Patrol organized media pools to take newspaper and television staffers to the site of the collapse. However, whenever the media got to the site, all work at the site stopped. It still is not clear who requested that the work at the site stop. It appears, however, that those in charge were concerned the media would use pictures of cars with bodies in them being pulled from the river. Tulsa World reporter, Ashley Parrish, was threatened with arrest while interviewing the sister of the Norman Police detective who along with his wife, died in the bridge collapse. "To be threatened with arrest for doing an interview in the town square is ridiculous," Parrish said. Dan Mahoney, press secretary for Gov. Frank Keating, responded to the complaints from the media that they could not get close enough to get information about who was threatening them without being arrested. He said, "Our position is: that's inexcusable. The media has a job to do." Mahoney said the media needs to protect the privacy of families but public information also is a goal. "Perhaps it was some overzealous law enforcement. I can't fault them because they were trying to protect the privacy of the families." However, it does not appear that any of the family members had privacy concerns and in fact, were anxious to talk to the media about their loved ones. Several members of Oklahoma news organizations met with Oklahoma Highway Patrol representatives to determine how all these problems occurred and what could be done to keep them from happening in the future.
2002 Legislative session tough for openness advocates
At the beginning the legislative session, the bill tracking service used by Oklahoma Press Association picked up 369 bills of interest in the FOI area. Through hard work and many trips to the capitol, those bills were whittled down to only a few. There are some other minor bills that changed the FOI landscape in Oklahoma, but we did not suffer from the same knee jerk reaction that other states suffered in the post 9/11 FOI environment.
However, since no major Homeland Security bill passed the state legislature, the focus now needs to shift to the federal level. The Oklahoma Open Records Act allows public bodies to keep confidential "records required to be kept confidential be federal law." The sweeping closure of records proposed by the President and considered and adopted by Congress will surely have an effect on our ability to get records in the near future.
Support freedom of information in Oklahoma. Join FOI today. Membership information is available on the website www.foioklahoma.org or call for a brochure.
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