Q&A WITH HAYLEY R. SCOTT
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.