Openness should be the standard not the exception when it comes to meetings and records of public bodies.
We see and hear of boards, councils, other public bodies that either ignore or attempt to skirt the Open Meetings and Records Act. Non-profits are subject to the law when they receive any kind of public funding.
It’s frustrating to see. It happens because either the organization or public body is not as knowledgeable as it should be about the Open Meeting and Open Records Act, or it just isn’t interested enough to abide by it.
We had an educator the other night make a comment that caught our attention. He said he couldn’t believe how many either break the law or try to skirt around it with their agendas.
There are some attorneys throughout this area who do a credible job of ensuring those public bodies or organizations they represent strictly adhere to the law, especially the new business provision on agendas.
But agenda items pertaining to personnel issues are those we’ve seen abused most frequently.
What those who sit on councils, school boards, commissions, should remember is they are allowed to hold and go into executive session to discuss certain personnel matters. Nowhere in the statutes does it mandate and say they must go into executive session.
In an Attorney General’s Opinion issued in 1998, it states a public body that goes into executive session must identify by name or by position the person being discussed.
We seriously question an agenda item that states “Discussion of Superintendent’s recommendation of new personnel” meets this requirement.
This is just one example we often see. Former State Sen. Ron Sharp was an ardent supporter of the Open Records and Open Meeting Laws. He said back when he was in the Legislature that Oklahoma ranks among the weakest in the nation when responding to Open Records and Freedom of Information Act requests.
Currently, there is no deadline for responding to these requests.
One of the purposes of the legislation Sharp filed when he was in the Senate was to establish confidence that the state is transparent and being accountable to the public.
The current Attorney General, Gentner Drummond, seems to be responding to requests by the Legislature, a state officer, board, commission or department within within a timely manner.
The Legislature should pass bills that will strengthen requirements of Open Records and Open Meeting Act.
District Attorneys and the Attorney General should be visiting with attorneys or public bodies themselves to ensure stricter compliance of these laws. There is absolutely no reason that should not be taking place.
After all, openness and transparency is what the public” business is all about.