The Oklahoman

Q&A WITH HAYLEY R. SCOTT

- PAULA BURKES, BUSINESS WRITER

Private organizati­ons generally not subject to Oklahoma Open Records Act

Q: What is the Oklahoma Open Records Act?

A: The Oklahoma Open Records Act is a series of laws designed to guarantee the public has access to all public records of government­al bodies. There’s a common misconcept­ion that when an organizati­on receives a request for records pursuant to the act, that organizati­on is subject to the act and must produce what it may consider to be confidenti­al documents. In reality, many organizati­ons are not subject to the Oklahoma Open Records Act at all — even those which receive government money. Even so, that doesn’t stop records requests from showing up in the mailboxes of exempt organizati­ons. This means that if your organizati­on receives one of these requests, it’s important to analyze first whether your organizati­on falls within the scope of the act, and second to what extent it must comply with record sharing.

Q: What types of organizati­ons are and are not subject to the act?

A: Generally, private organizati­ons are not subject to the Oklahoma Open Records Act, but exceptions do exist. Private organizati­ons may be subject to the act if they receive public funds directly from tax or other revenues regardless of whether they provide goods or services for the government. Such a private organizati­on also may be subject to the act if it agrees to this in its contract with the government. Conversely, other private organizati­ons that do receive government money might not be subject to the act. If these organizati­ons are not supported by public funds or entrusted to spend public funds, then they don’t have to comply with the act. Importantl­y, an organizati­on which only receives public funds as a reimbursem­ent for goods or services isn’t “supported” by public funds and consequent­ly isn’t subject to the act.

Q: What types of documents are excluded from the Oklahoma Open Records Act?

A: First, it’s important to note that some informatio­n isn’t considered a “record” within the act, and therefore doesn’t have to be disclosed under the Open Records Act. Examples of this exclusion are personal, financial or credit informatio­n used to obtain a license or permit. Moreover, some records are exempt from the act. Confidenti­al records, personnel records, law enforcemen­t records, litigation files, crop and livestock reports, donation records, education records, public utility records and personal notes of public officials are all records which may be exempt from the Oklahoma Open Records Act. The bottom line is that just because an organizati­on receives an Open Records request doesn’t necessaril­y mean it’s subject to the act at all, or that the organizati­on must comply with every request. Before your organizati­on starts handing over documents, consult with an attorney to determine what documents, if any, must be provided.

 ??  ?? Hayley R. Scott
Hayley R. Scott

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