Funding, politics still barriers to enforcement of records laws

 
By Bryan Dean | Published: March 21, 2008    Comment on this article Leave a comment

Violating the state's open records or open meeting laws is a misdemeanor, yet charges are rarely filed against public officials who break the law.

Whether it's a question of a lack of resources or a lack of political will, many experts agree legislators need to put more teeth in the law before it will be followed.

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Joey Senat, an OSU journalism professor and past president of Freedom of Information Oklahoma Inc., said leaving prosecution to district attorneys isn't working.

"I think very often it's that district attorneys don't want to embarrass their fellow elected officials,” Senat said. "It may also have to do with the power and the money that the people on those boards might have.”

Senat said district attorneys are put in a bind when local police are accused of violating the law, because they depend on a working relationship with law enforcement.

Resources are an issue
Oklahoma County District Attorney David Prater, one of the few district attorneys in the state to file charges against a public official for violating openness laws, said there is a less sinister explanation for why more arrests aren't made.

"There is a problem in addressing the open meetings and Open Records Act that relates directly to resources in local district attorneys' offices,” Prater said. "Public safety first and foremost is our duty and we have to prioritize things in our office, and murders and rapes are our top priority.

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