"In the old days men had the rack. Now they have the press."
Oscar Wilde

In our last newsletter, I wrote that FOI is at a turning point in its existence. If FOI is to have influence, to be effective, we must have strength in numbers, renewed personal commitment from our membership, and we must have financial resources.

The response to that call for support has been wonderful. We want to thank the following groups and individuals who have stepped forward since that newsletter, to express their support for FOI:

· The Oklahoma Association of Broadcasters.

· The Tulsa World.

· Ponca City Publishing Company

· Ben Blackstock

· Women in Communications, OKC Chapter

· Oklahoma Publishing Company

· Ethics & Excellence in Journalism Foundation

· Oklahoma Department of Libraries

We look forward to a stronger and more effective working relationship with each of these groups.

Already a strong FOI partner, the Oklahoma Press Association has continued to work closely with us to explore ways in which FOI, the Association, and its individual members can better serve each other.

Like any organization that relies on private contributions, our ultimate goal is to create a corpus of funds that is generating sufficient interest to support basic FOI operating expenses. While FOI's basic operating expenses are not great, without sufficient funds to meet them we cannot continue our current level of success.

Your tax-deductible contribution to FOI, however great or small, is critical to our ability not only to maintain our current level of staff, but also to grow both in membership and in influence.

Personal involvement is also important

Your personal commitment to and involvement in FOI is equally important. FOI was started because its members recognized the need for an organization whose focus was on educating both the public and public officials about openness in government. FOI's success was built on people. Your continued personal commitment to FOI is essential to FOI's success.

I encourage you to show your support for FOI, today.

FOI has recently completed production of a video highlighting the Oklahoma Open Meeting and Open Records Acts. The video, which should be ready for distribution by mid-November, was financed in part through a grant from the National Freedom of Information Coalition. FOI plans to place a copy of the video in libraries in all 77 counties of the state. In addition, the Chiefs of Police Association has asked for copies of the video for distribution statewide. FOI is looking for partners to help with the distribution costs for this video.

FOI members, including the following cast and crew donated much of the work on the video:

The FOI video addresses and explains some of the most common violations of the two "openness" laws...

· Agendas must be posted 24 hours prior to a meeting of a public body, excluding Saturday, Sundays and legal state holidays.

· Agendas must be specific. The public must be able to identify all items of business to be transacted by a public body at the meeting.

· Agendas must be worded in plain language, directly stating the purpose of the meeting, and the language used should be simple, direct, and comprehensible to a person of ordinary education and intelligence.

· "Meeting" means the conducting of business of a public body by a majority of its members being personally together. The Open Meeting law specifically provides that no informal gatherings shall be used to decide any action or take any vote on any matter.

· The public must have a clear idea of what is to be discussed in an executive session. The agenda description for an executive session must include a citation to the statutory provision that authorizes the executive session.

Tulsa World contributes $3,000 to Tulsa Library project; other grants available.

FOI is now well on the way toward its goal of establishing a First Amendment Resource Center in every public library in the state. The first model project, at the Bartlesville Public Library, is now open.

Four other public libraries have also been selected for model projects for the new First Amendment Centers -- Ponca City, Altus, Tulsa City-County and the Oklahoma County Metropolitan Library. Funding will be made available for each library to purchase books and other materials. The bibliography of materials to be used was developed by the Metropolitan Library System and is available for review on FOI's Web site. In addition, ODL will identify books on First Amendment and Freedom issues which are appropriate for young people.

Each library is responsible for publicizing the Centers and designating one month during the spring for special recognition of the First Amendment.

FOI has formed an alliance with the State Department of Libraries, the Oklahoma County Metropolitan Library System and the Oklahoma Library Association to develop this project. The following monetary partnerships have been formed.

· FOI has received a $10,000 grant from National Freedom of Information (NFOIC).

· FOI has received an additional $9,000 grant from NFOIC to be used to hold a statewide 1st Amendment Conference.

· The Tulsa World has contributed $3,000 toward the First Amendment Resource Center for the Tulsa City-County Library.

· The Oklahoma Department of Libraries is offering four $2,000 grants to public libraries that serve geographically disadvantaged patrons, to establish First Amendment Resource Centers.

· FOI has received a $10,000 grant from the Ethics and Excellence in Journalism Foundation.

Additional partnerships with local community groups or media outlets are being sought. An ideal partnership would be between the local library and the local newspaper. If you are interested in developing such a partnership or one with FOI, please let us know! We can help.

All of the model projects from around the state will be evaluated and the results shared with other librarians and educators at a statewide two-day meeting in Oklahoma City on April 23 and 24. A model 1st Amendment Center will be on display to show examples of books and publications available. Journalists, specialists in 1st Amendment law and others with expertise in this area will lead interactive workshop sessions on current issues for youth and adults.

Hilton Inn, N. W. in Oklahoma City will be the site of a two-day meeting to spotlight the 1st Amendment

If you have a particular interest in an FOI committee, please let us know. FOI's committees include: Finance, Legislative, Membership, Seminars, Nominating, Grants and Audit. We will also need lots of help in planning for the Spring Conference
Call Kay Bickham at 4053413169 or email her at kbiccum@ionet.net

Documentation relating to inmate death sought

The Tulsa World recently contested in Tulsa County district court, the denial of certain records it had sought from the Tulsa County sheriff's office. According to J. Schaad Titus, legal counsel for the newspaper, "after filing the lawsuit, the newspaper was successful in obtaining most of the documents it had originally been denied. The documents," Titus said, "had previously been withheld under a claim of privilege. "

At issue were documents related to the death of Charles Edward Guffey, a detainee who had died while in the Tulsa County Adult Detention Center. According to Titus, beginning in November 1997, the newspaper had made numerous Open Records Act requests to the sheriff's office.

The Tulsa World sought correspondence and documentation between the sheriff's office and Wexford Health Sources, Inc., including documentation of discussions regarding:

· the cost of health care administration for inmates;

· the number of inmates being hospitalized;

· policies regarding hospitalization of inmates, including dates and circumstances of hospitalizations;

· the administration of drugs and control of drugs in the jail;

· policies about doctors being on call for inmate care

· overall quality of health care in the jail

· Complaints or documentation of complaints about jail health care, including dates and circumstances, general health care practices, and policies at the Tulsa jail.

In its open records request to the sheriff's office, the Tulsa World acknowledged that some information contained in the records might be confidential. It reminded the sheriff, however, that the law clearly provides for redaction confidential information so that the remainder may be disclosed.

In March 1998, the newspaper renewed its original requests for records, and added a request for copies of Guffey's medical records. A few days earlier, a Tulsa judge had ordered those records to be produced to Guffey's estate. According to court documents, Guffey's estate had affirmatively waived its right to confidentiality of the documents.

In April 1998, the Tulsa World asked the sheriff for more documents, based upon the contract between Tulsa County and Wexford Health Sources, Inc. These documents included jail shift logs, reports by Wexford to the sheriff concerning Guffey, other records from Wexford to the sheriff regarding delivery of health care to inmates, all information concerning staffing of doctors and specific times in which doctors or nurses were on call, and all records concerning medical orders or directions for prescriptions or other health care services delivered to Guffey in his last hours.

According to court documents, the Tulsa County sheriff sought to exempt the files concerning the death of Guffey based upon a pending criminal investigation by Attorney General Drew Edmondson and Larry Stuart, Osage County District Attorney. Stuart had been appointed by Edmondson to investigate Guffey's death.

The Tulsa World, however, claimed the records sought were not a part of investigative files, but were documents maintained in the ordinary course of the day-to-day operations of the Tulsa County Sheriff's Office and jail.

Most documents voluntarily produced after lawsuit filed; Judge finds others not open to the public.

On April 24, 1998, a hearing was held in Tulsa County district court, on the Tulsa World's petition seeking the records. According to Titus, at the hearing, Attorney General Edmondson agreed to produce two-thirds of the documents in the Sheriff's file. Of the remaining documents, the district court found some were open records in whole or in part, and that others were not subject to production because they were "investigatory." Attorneys fees awarded to Tulsa World

The district court awarded the Tulsa World, as the prevailing party, approximately two-thirds of the attorney fees it had incurred as a result of having to prosecute the action.

including Ghost Mound, Oklahoma.
By Dr. Terry Clark, UCO Journalism

That's where Joyce Carney, publisher of the Eakly Country Connection, a 2,000circulation weekly newspaper in southwest Oklahoma, gives of her time and talent every Thursday, after the paper is "on the street."

At Ghost Mound, halfway between Eakly and Hydro, there's an Office of Juvenile Affairs facility operated under the auspices of St. Anthony's Hospital for adjudicated youths14 boys ages 1618 who have committed felonies. They're sent there for anywhere from 6 months to 2 years by a judge. The center has a skill center, a school, a vo-tech, and counseling. They learn how to pour concrete. And they're learning about freedom of the press.

Joyce goes there once a week, teaching writing and reading, and journalism. She takes all the exchange papers she receives, and the teens spend time critiquing them, learning newspaper lingo, and they're working on putting out their own newspaper. "They know what a banner is, a masthead, an editorial, an obituary, all that lingo," she says.

"I didn't like them at first; now I love them," says Carney. "These are smart kids; they just don't know there's a world out there."

So she's teaching reading and writing and poetry.

"You can't write if you can't read," Carney preaches. So she gets them talking about their favorite authors. "Their favorites run from Mark Twain to Asimov."

"They're crazy for books," she says. So she's buying used paperbacks for them at garage sales. She gets them to try to imitate the writers they admire. One student told her he didn't admire anyone. Later, he told her he admired firemen, and wanted to be one. She asked him if he'd ever met a fireman, and he said "No."

So she's gone to one of the small towns in her circulation area, Lookeba, and the volunteer firemen are bringing the truck to the center.

In the meantime, she's got them outlining stories, writing features on people, doing day-in-the-life stories. She brings a camera and they're working on photography.

These are tough kids. If they were adults they'd be in prison. When they get out, after learning a skill, they're guaranteed a job.

One told Carney that he couldn't believe she told them her last name. Asked why, he said because they were criminals.

No, Carney said, "To me you're students"; and "you are what you think you are."

"These could be my sons or grandsons. We're just lucky,' she says.

Other volunteers include women who teach a Bible class once a week.

Carney provoked one Black student who wasn't reacting in Bible class. She told him if he'd translate bible verses into Ebonics, she'd print them in the Country Connection. He did, and she did, and then she held a contest for readers to guess where the verses came from.

She asked him why it was important to be able to read. He told her because you needed a lot of "verbal artillery in life."

The Ghost Mound approach is referred to as a "Bethesda" program, about stirring the waters so healing can begin, she says. Newspaperwoman Carney's stirring up a future for some young Oklahomans.

Mail to: P. O. Box 2408, Edmond, OK. 73083
Or call Kay Bickham 405-341-3169 for more information.

The annual meeting of the FOI Board of Directors will be held on January 17, 1999 at 1:30 p.m. All FOI members are welcome to attend. If you have interest in serving on FOI's board or want to recommend someone, please contact Susan Loving, FOI President, at (405) 844-9900.

Nominations are now being sought for FOI officers for 1999. If you have an interest in serving, or know of others who do, please contact Susan Loving.

Legislative Committee Update

by Francy Ford

The FOI Legislative Committee has identified several issues that may be addressed in the upcoming legislative session. This legislation could be pursued by the Oklahoma Press Association, FOI or in conjunction with the Attorney General's office.

We'll generally support these bills and are likely to oppose others. Either way, we want your input on these and other legislative matters.

These are the items discussed by the Committee at our recent meeting:

Mark Thomas, OPA, reports that his organization will request an increase in the rate its members charge for legal notices.

There was lengthy discussion about introducing a bill to require public entities to record all executive sessions. According to Mark, this measure is strongly supported by Attorney General Drew Edmondson. The executive session tapes, in either audio or video format, would be dated and sealed. They would not be subject to public inspection, except by a court order. The tapes of the executive session would be maintained for a period of one year, unless a longer period is provided for in any applicable record management law or rules (unless the issues included in the tapes are under dispute).

Bill Stemmons recommended that some cleanup language to be inserted in the Open Meeting Law. The amendment would allow public officials to hear comments from the general public during an open meeting. (See the article by Bill included in this newsletter)

There was also discussion about reducing the number of days required to reschedule a canceled public meeting. This could be included in the clean up bill to amend the Open Meeting Law.

The Committee will also follow legislation in other states which makes a person liable for triple damages, if he or she photographs a person in "personal or family activities". This legislation includes photographing any person, not only a celebrity. We'll also monitor any court challenges to this legislation.

The issue of deferred prosecution was also discussed. The consensus of the committee was that these records need to be made public. It felt that, while deferred sentencing may have a practical application, deferred prosecution could be too arbitrary.

Please call Francy Ford, committee chair, with your comments. Her phone number is (405) 2353855. The Committee will provide an update at the next FOI board meeting.

By Bill Stemmons, FOI Board Member

Can members of an Oklahoma public body respond to comments from the general public during a open meeting?

What if TV cameras and other media are present while someone makes critical comments that demand an immediate response?

Must board members sit silently, unable to give a reasonable reply to embarrassing comments, giving the appearance of "taking the Fifth?"

In such a situation, some Oklahoma boards customarily allow their members to make brief responses. But others are fearful of straying into illegal discussion and consideration of items not permitted by their advance agenda. Should Oklahoma's law be clarified to allow for brief responses?

Under California's Brown Act, the equivalent of Oklahoma's Open Meetings Law, board members may briefly respond to statements questions posed by the public.

Under the California law, "...In addition, on their own initiative or in response to questions posed by the public, a member of a [public] body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities."

Furthermore, a member of a California board may refer the person making the comments "...to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda."

Some Oklahoma boards do not permit public comments concerning any matter not already on advance agenda, thinking the Oklahoma Open meetings law restricts such comments. But after all, aren't many public comments intended to bring unknown problems to a board's attention?

The Open Meetings Law is intended to place restrictions on boards and their members, not on the public. Some feel this also needs clarification.

Under the California Brown Act, members of the public have a legal right to make comments before such a public body. In Oklahoma, members of the public do not have the legal right to make comments, but such public comments are usually allowed and expected by most public bodies. Public comments are usually allowed as a matter of political reality, not legal requirement. An Oklahoma public body doesn't have to allow public comments, but neither do its members have to be reelected.

Earlier this year I researched an FOI newsletter article concerning public comments, in which I suggested Oklahoma's law be amended to clarify these gray areas. The idea seems to have widespread support among legislators and members of public bodies. Late during the last session, at least three legislators agreed to introduce it as an amendment if given the opportunity. Hopefully, the amendment will be introduced and enacted during the coming session.

Here is a rough draft of the proposed amendment:

In addition, on their own initiative or in response to questions posed by the public, a member of a public body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a public body, or the body itself, subject to rules or procedures of the public body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda."

If you like the idea, be sure to contact your legislators and ask them to support the amendment.

For those seeking more information, two web sites might be of interest:

California Brown Act provision: http://www.well.com/user/fap/brownact.htm#54954.2

FOI laws by state: http://www.missouri.edu/~foiwww/citelist.html

[Bill Stemmons is a registered professional parliamentarian and member of the FOI Oklahoma Board. Those interested are welcome to contact him at systemon@juno.com, or (405) 9460012]

According to Oklahoma Ethics Commission Executive Director Marilyn Hughes our state legislators and Governor Keating broke faith with Oklahoma voters by repealing the Ethics Commission rule requiring major candidates and PACs to electronically file their contributions and expenditures reports. The Ethics Commission was never notified. The bill was "put on the fast track" during the final days of the legislature and was adopted without a dissenting vote.

The League plans to attempt to reinstate electronic filing in Oklahoma during this session of the legislature.

This action severely limits the public's ability to access campaign finance information in a timely manner. Hughes said it would create "a gigantic administrative nightmare." LWV State president Carol Woodward called the legislature's action "a grave disappointment." In a Daily Oklahoman article dated August 2, 1998, Common Cause president Ed Kessler said, "It's a travesty, it's disgusting" and Oklahoma Press Association president and Ethics Commission member Hoby Hammer observed, "It seems our elected officials and candidates are not afraid of reporting where their money comes from as long as we get the information after the election."

How did it work before the rule was repealed? With electronic filing, most candidates and PACs were required to submit campaign finance information to the state Ethics Commission on a computer diskette. Ethics Commission staff could instantaneously place the donor information on the Internet for public viewing. Voters, investigative reporters, public watchdog organizations and others had immediate information about the individuals and groups that were supporting specific candidates. You just went to http://www.sdr.com and all the data was at your fingertips.

What is the problem with the way it is now? Candidates who previously were required to submit campaign finance information electronically may now submit that information in written form. Pages and pages and pages of reports get placed in a file folder. To access the information, you must go to the office of the Oklahoma Ethics Commission in the basement of the State Capitol building and ask the staff to make photocopies of the reports for you. Or you may telephone the agency and request copies be mailed to you. Final reports are due to the Commission by the Monday of the week before the Tuesday election. That gives voters six business days to view the reports before they must vote.

To access data online,

You go to http://www.sdr.com, click on "Oklahoma Electronic," click on "Online Campaign Finance Data," and then select "Contributions." Click on "Current candidate committees" and select the name of the candidate or PAC for whom you are seeking campaign finance information. Enter a time range (example: 9/1/97 to 9/1/98) and click on "Retrieve Now In Text Format."

Unfortunately, many PACs and candidates no longer submit their information electronically so the information is incomplete or totally missing.

The LWV of Oklahoma County supports reinstatement of the rule that makes it mandatory that candidates and PACs submit their financial information to the Ethics Commission electronically. An informational brochure about the issue will be prepared to help educate others on the issue. LWV of Oklahoma County will continue to research this topic.

The Ethics Commission members should be encouraged to submit and encourage them to submit to the legislature in January a rule requiring mandatory electronic reporting.

If the Ethics Commission fails to act soon, other groups must join together to urge the legislature to pass a bill to reinstate the mandatory electronic reporting rule. The deadline for introducing bills is very early in the legislative session. However, a legislator could introduce the proposal as an amendment to an existing bill. Since the bill to repeal the rule passed unanimously in both chambers last May, it will probably be difficult to find a state legislator willing to sponsor a bill to reinstate the rule. The odds are low that such a bill will pass the legislature during 1999, but this issue is important enough that we should begin the effort now.

Jean Warner, PhD
LWV of Oklahoma County