Open Records Act
Listmates - Fellow Municipal Attorneys, this may have been covered in the
past, but I need some guidance. I represent a couple of small towns in the
far eastern part of the state. Roland and Muldrow in the County of
Sequoyah. The Towns have always pretty much handled open records requests
without a great deal of involvement from me. However, times - they are a
changing.
We have some really aggressive folks in our area who are constantly
videotaping our town meetings, private encounters with public officials,
and even District Judges in their chambers and going in and out of
courthouses. The behavior by these individuals has become increasingly
abusive. They text board members and city managers constantly (like 10-15
times per day), show up unannounced in offices, and seem to have either
some type of Messiah complex - (claiming they are saving the world from
systemic corruption), or they just are intent on trying to harass every
policeman and public official until they resign. They seem to be
travelling from town to town in eastern Oklahoma purporting to be
corruption fighters. The nonstop overbroad open records requests
and unannounced video and audiotaped visits have become so distracting and
time consuming for the town employees that it is really affecting the
functioning of the towns and causing good employees to consider leaving.
In addition, they have set up a private group facebook page in their quest
for disruption. On this page they post all video and audio recordings of
employees that they seem to want to destroy (even going back years before
they were employed at the respective Towns). They have posted edited
videos with some serious slanderous accusations and many misleading
statements. If anyone disagrees with their private page administrators,
they are kicked off the page and then continually harassed. I have the
Towns asking me for solutions and I have very little to tell them. My
initial thoughts are to create a good process and create safe zones for
those that don't need to directly interact with the public.
I know these folks have visited other Towns and I am probably late in
requesting advice on these things but I am trying to put together a best
practices document for responding to open records requests. Has anyone put
something like this together? Do you utilize a "best practices" open
records request form? Do you have a designated position (ie.Town Clerk)
for them to be served upon? Have any other Towns experienced (self
proclaimed first amendment auditors) bullying and harassing behavior? If
so, any suggestions related to this would be appreciated. Some employees
feel extremely uncomfortable with these folks as they follow them to their
cars etc... essentially baiting them to test their 1st Amendment rights.
This is my 34th year as a lawyer and I have never ever witnessed this type
of harassing behavior - primarily a self proclaimed 1st amendment auditor
and a disgruntled apartment owner.
I know this is a lot, but I really appreciate any insight in how to
handle this issue. Feel free to reply publicly or privately to
jeff@jeffedlaw.com
Lastly - I think this would be a great topic to address at an upcoming
meeting.
Thanking you in advance,
Jeff Edwards
--
Jeffrey L. Edwards |
Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the
IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax
advice contained in the foregoing communication (including attachments) is
not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code; or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential or privileged material.
Any review, distribution, or other unauthorized use of the information by
persons or entities other than the intended recipient is prohibited. If
you received this communication in error, please contact the sender and
delete the material from any computer.
Jeff,
The PowerPoint I made for the 2024 OAMA Fall conference on this topic based on advice from several municipal attorneys and clerks might be helpful. The full PowerPoint can be accessed here: OAMA Open Records Respect.ppthttps://okmunicipalattorneys.org/s/OAMA-Open-Records-Respect.pptx
Specifically, I think you should consider passing an ordinance as David Weatherford did in Sand Springs which references the state statute 21 O.S. § 280https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=391820. (Slides 9-11 in the PowerPoint) This statute makes it a misdemeanor to disturb, interfere or disrupt the business of a municipality if the conduct is violent, threatening, abusive, obscene, or that jeopardizes the safety of self or others.
One way to potentially stop videos of employees from being posted on YouTube is to play a copyrighted popular song while the person is filming. YouTube has a Content ID system that flags videos with copyrighted material and allows the copyright owner to have the video removed. Facebook might have something like this as well.
Your idea about safe zones is a great idea. Regarding accessing records in city hall, the Oklahoma statutes provide in 51 O.S. § 24A.5 (6)https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=80292 that the public body "may establish reasonable procedures which protect the integrity and organization of its records and to prevent excessive disruptions of its essential functions." Directly on this provision of 51 O.S. § 24A.5 (6)https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=80292, the Attorney General opinion 2006 OK AG 35https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=448259 noted " Such protection of public records might reasonably include limiting access to original records by the public or limiting public access to work areas of agency personnel."
While not directly on your issue, HB 3779http://webserver1.lsb.state.ok.us/cf_pdf/2023-24%20ENR/hB/HB3779%20ENR.PDF Effective November 1st, 2024, might be helpful. Among other amendments, this bill added that prior to bringing a civil suit under the Open Records Act, any person seeking declaratory or injunctive relief, or both, must notify the public body or public official of his or her intent to bring a civil suit to obtain relief in writing ten (10) business days prior to filing for the relief. The notice must also be provided to the Attorney General.
I can also send you some sample open records request forms and processes from several municipalities separately.
Christian Rinehart
DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE
201 Northeast 23rd Street
Oklahoma City, OK 73105
(405) 528-7515
[cid:1ee0fe8b-887a-4e7e-a7f3-218924d64c3e]
The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided. OML does not provide legal advice or act as a legal advisor. The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information, using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.
From: Jeff Edwards via Oama oama@lists.imla.org
Sent: Thursday, January 30, 2025 5:51 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Open Records Act
Listmates - Fellow Municipal Attorneys, this may have been covered in the past, but I need some guidance. I represent a couple of small towns in the far eastern part of the state. Roland and Muldrow in the County of Sequoyah. The Towns have always pretty much handled open records requests without a great deal of involvement from me. However, times - they are a changing.
We have some really aggressive folks in our area who are constantly videotaping our town meetings, private encounters with public officials, and even District Judges in their chambers and going in and out of courthouses. The behavior by these individuals has become increasingly abusive. They text board members and city managers constantly (like 10-15 times per day), show up unannounced in offices, and seem to have either some type of Messiah complex - (claiming they are saving the world from systemic corruption), or they just are intent on trying to harass every policeman and public official until they resign. They seem to be travelling from town to town in eastern Oklahoma purporting to be corruption fighters. The nonstop overbroad open records requests and unannounced video and audiotaped visits have become so distracting and time consuming for the town employees that it is really affecting the functioning of the towns and causing good employees to consider leaving.
In addition, they have set up a private group facebook page in their quest for disruption. On this page they post all video and audio recordings of employees that they seem to want to destroy (even going back years before they were employed at the respective Towns). They have posted edited videos with some serious slanderous accusations and many misleading statements. If anyone disagrees with their private page administrators, they are kicked off the page and then continually harassed. I have the Towns asking me for solutions and I have very little to tell them. My initial thoughts are to create a good process and create safe zones for those that don't need to directly interact with the public.
I know these folks have visited other Towns and I am probably late in requesting advice on these things but I am trying to put together a best practices document for responding to open records requests. Has anyone put something like this together? Do you utilize a "best practices" open records request form? Do you have a designated position (ie.Town Clerk) for them to be served upon? Have any other Towns experienced (self proclaimed first amendment auditors) bullying and harassing behavior? If so, any suggestions related to this would be appreciated. Some employees feel extremely uncomfortable with these folks as they follow them to their cars etc... essentially baiting them to test their 1st Amendment rights.
This is my 34th year as a lawyer and I have never ever witnessed this type of harassing behavior - primarily a self proclaimed 1st amendment auditor and a disgruntled apartment owner.
I know this is a lot, but I really appreciate any insight in how to handle this issue. Feel free to reply publicly or privately to jeff@jeffedlaw.commailto:jeff@jeffedlaw.com
Lastly - I think this would be a great topic to address at an upcoming meeting.
Thanking you in advance,
Jeff Edwards
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
Thank you Christian! Thanks for taking time out of your day to send this!
Sent from my iPhone
On Jan 30, 2025, at 8:54 PM, Christian Rinehart <christian@oml.org> wrote:
Jeff,
The PowerPoint I made for the 2024 OAMA Fall conference on this topic based on advice from several municipal attorneys and clerks might be helpful. The full PowerPoint can be accessed here: OAMA Open Records Respect.ppt
Specifically, I think you should consider passing an ordinance as David Weatherford did in Sand Springs which references the state statute 21 O.S. § 280. (Slides 9-11 in the PowerPoint) This statute makes it a misdemeanor to disturb, interfere or disrupt the business of a municipality if the conduct is violent, threatening, abusive, obscene, or that jeopardizes the safety of self or others.
One way to potentially stop videos of employees from being posted on YouTube is to play a copyrighted popular song while the person is filming. YouTube has a Content ID system that flags videos with copyrighted material and allows the copyright owner to have the video removed. Facebook might have something like this as well.
Your idea about safe zones is a great idea. Regarding accessing records in city hall, the Oklahoma statutes provide in 51 O.S. § 24A.5 (6) that the public body "may establish reasonable procedures which protect the integrity and organization of its records and to prevent excessive disruptions of its essential functions." Directly on this provision of 51 O.S. § 24A.5 (6), the Attorney General opinion 2006 OK AG 35 noted " Such protection of public records might reasonably include limiting access to original records by the public or limiting public access to work areas of agency personnel."
While not directly on your issue, HB 3779 Effective November 1st, 2024, might be helpful. Among other amendments, this bill added that prior to bringing a civil suit under the Open Records Act, any person seeking declaratory or injunctive relief, or both, must notify the public body or public official of his or her intent to bring a civil suit to obtain relief in writing ten (10) business days prior to filing for the relief. The notice must also be provided to the Attorney General.
I can also send you some sample open records request forms and processes from several municipalities separately.
Christian Rinehart
DEPUTY GENERAL COUNSEL
OKLAHOMA MUNICIPAL LEAGUE201 Northeast 23rd Street
Oklahoma City, OK 73105
(405) 528-7515
<Outlook-xl23ycev.png>The Municipal Inquiry Service provides information based on Oklahoma Statutes and sample policies from other member cities and towns to members of the Oklahoma Municipal League. There may be other facts and details that were unknown to OML or not relayed that may alter the information provided. OML does not provide legal advice or act as a legal advisor. The advice of your municipal attorney, as your legal advisor, should be followed before implementing any policy or making any decisions regarding your legal matters. The OML American Recovery Plan Act Inquiry service provides information based on the guidance provided by the U.S. Department of the Treasury and the state of Oklahoma. Each Oklahoma municipality is responsible for submitting and verifying the correct budget information, using ARPA funds correctly, obligating the ARPA funds by December 31, 2024, spending the ARPA funds by December 31, 2026, and submitting a project and expenditure report by April 30th, 2025. The advice of a municipal attorney, as a legal advisor, should be followed before making any decisions regarding accepting, spending, or reporting on ARPA funds.
From: Jeff Edwards via Oama <oama@lists.imla.org>
Sent: Thursday, January 30, 2025 5:51 PM
To: OAMA Luistserv <oama@lists.imla.org>
Subject: [Oama] Open Records ActListmates - Fellow Municipal Attorneys, this may have been covered in the past, but I need some guidance. I represent a couple of small towns in the far eastern part of the state. Roland and Muldrow in the County of Sequoyah. The Towns have always pretty much handled open records requests without a great deal of involvement from me. However, times - they are a changing.
We have some really aggressive folks in our area who are constantly videotaping our town meetings, private encounters with public officials, and even District Judges in their chambers and going in and out of courthouses. The behavior by these individuals has become increasingly abusive. They text board members and city managers constantly (like 10-15 times per day), show up unannounced in offices, and seem to have either some type of Messiah complex - (claiming they are saving the world from systemic corruption), or they just are intent on trying to harass every policeman and public official until they resign. They seem to be travelling from town to town in eastern Oklahoma purporting to be corruption fighters. The nonstop overbroad open records requests and unannounced video and audiotaped visits have become so distracting and time consuming for the town employees that it is really affecting the functioning of the towns and causing good employees to consider leaving.
In addition, they have set up a private group facebook page in their quest for disruption. On this page they post all video and audio recordings of employees that they seem to want to destroy (even going back years before they were employed at the respective Towns). They have posted edited videos with some serious slanderous accusations and many misleading statements. If anyone disagrees with their private page administrators, they are kicked off the page and then continually harassed. I have the Towns asking me for solutions and I have very little to tell them. My initial thoughts are to create a good process and create safe zones for those that don't need to directly interact with the public.
I know these folks have visited other Towns and I am probably late in requesting advice on these things but I am trying to put together a best practices document for responding to open records requests. Has anyone put something like this together? Do you utilize a "best practices" open records request form? Do you have a designated position (ie.Town Clerk) for them to be served upon? Have any other Towns experienced (self proclaimed first amendment auditors) bullying and harassing behavior? If so, any suggestions related to this would be appreciated. Some employees feel extremely uncomfortable with these folks as they follow them to their cars etc... essentially baiting them to test their 1st Amendment rights.
This is my 34th year as a lawyer and I have never ever witnessed this type of harassing behavior - primarily a self proclaimed 1st amendment auditor and a disgruntled apartment owner.
I know this is a lot, but I really appreciate any insight in how to handle this issue. Feel free to reply publicly or privately to jeff@jeffedlaw.com
Lastly - I think this would be a great topic to address at an upcoming meeting.
Thanking you in advance,
Jeff Edwards
--
Jeffrey L. Edwards| Attorney at LawFLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.