As discussed in last week's OAMA meeting --
Brooke v. Reed (as Commissioner of Oklahoma Health Department), No. 121,604 (OK COCA Sept. 19, 2024), Paragraph 1:
"This case directly presents the question of whether the Open Records Act, 51 O.S. Section 24A.1 et seq. (ORA), requires the government to supply records requested under the act in native, digital file format, if possible. We hold that it does."
Held:  Outlook 'PST' table and other metadata required to be produced when requested.  PDF of calendar or email is not adequate, because it omits information about the record, which is itself part of the record.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

Will you please send us that case?

Thank you,

Tammy

-----Original Message-----
From: Jones, Orval E via Oama oama@lists.imla.org
Sent: Monday, September 30, 2024 12:38 PM
To: oama@lists.imla.org
Subject: [Oama] Metadata subject to Open Records Act

As discussed in last week's OAMA meeting -- Brooke v. Reed (as Commissioner of Oklahoma Health Department), No. 121,604 (OK COCA Sept. 19, 2024), Paragraph 1:
"This case directly presents the question of whether the Open Records Act, 51 O.S. Section 24A.1 et seq. (ORA), requires the government to supply records requested under the act in native, digital file format, if possible. We hold that it does."
Held:  Outlook 'PST' table and other metadata required to be produced when requested.  PDF of calendar or email is not adequate, because it omits information about the record, which is itself part of the record.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org

Colleagues,

I have an issue related to this case. One of my cities has received a request for metadata. In compliance with the Brooke v Reed decision, we will comply. However, the city is not in possession of the same as the metadata is stored by a third-party contractor. That is, the city has no ability to access the metadata without first contacting this contractor and having them produce the same to us.

Assuming the metadata is, in fact, obtainable, is the city obligated to reach out to the contractor to obtain it? If not, our response to the request is simple: "we are not in possession of any records responsive to your request."

JTH

John Tyler Hammons
Hammons Hamby & Price, PLLC
(918) 683-0309

Sent from my iPhone

From: Matt Love via Oama oama@lists.imla.org
Sent: Tuesday, October 1, 2024 12:23:46 PM
To: Tammy Ewing tammy@ewing.legal
Cc: Jones, Orval E orval.jones@okc.gov; oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Metadata subject to Open Records Act

Attached - it's slated for publication by the Court of Civs but obviously hasn't been published yet.

On Tue, Oct 1, 2024 at 8:15 AM Tammy Ewing via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:
Will you please send us that case?

Thank you,

Tammy

-----Original Message-----
From: Jones, Orval E via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Monday, September 30, 2024 12:38 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Metadata subject to Open Records Act

As discussed in last week's OAMA meeting -- Brooke v. Reed (as Commissioner of Oklahoma Health Department), No. 121,604 (OK COCA Sept. 19, 2024), Paragraph 1:
"This case directly presents the question of whether the Open Records Act, 51 O.S. Section 24A.1 et seq. (ORA), requires the government to supply records requested under the act in native, digital file format, if possible. We hold that it does."
Held:  Outlook 'PST' table and other metadata required to be produced when requested.  PDF of calendar or email is not adequate, because it omits information about the record, which is itself part of the record.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org

Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org

Colleagues,

There has been a development in the metadata case which I believe needs to be brought to the attention of our association. On October 29, 2024, the State Solicitor General's Office filed an application for cert seeking Supreme Court review of the Court of Civil Appeal's metadata case. As of this email, the initial briefing has been completed, and a response from the high court pending. Should the Supreme Court overturn the decision below, it may call into question the validity of whether metadata is even a record at all.

It may benefit our association to file an amicus brief in the event cert is granted.

JTH

From: Jones, Orval E via Oama oama@lists.imla.org
Sent: Monday, September 30, 2024 12:37 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Metadata subject to Open Records Act

As discussed in last week's OAMA meeting --
Brooke v. Reed (as Commissioner of Oklahoma Health Department), No. 121,604 (OK COCA Sept. 19, 2024), Paragraph 1:
"This case directly presents the question of whether the Open Records Act, 51 O.S. Section 24A.1 et seq. (ORA), requires the government to supply records requested under the act in native, digital file format, if possible. We hold that it does."
Held:  Outlook 'PST' table and other metadata required to be produced when requested.  PDF of calendar or email is not adequate, because it omits information about the record, which is itself part of the record.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org