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Open records chat transcript, Feb. 27, 2013

NewsOK reporter Bryan Dean chatted with readers Wednesday about open records and public access in Oklahoma.

By Bryan Dean | Published: February 27, 2013 Comment on this article

NewsOK reporter Bryan Dean chatted with readers Wednesday about open records and public access in Oklahoma.

Join Bryan’s open record Q&A’s on the fourth Wednesday of every month at 2:30 p.m. and submit your questions about legislation and public access in Oklahoma.

NewsOK 2:02 p.m. Hey everyone. Bryan will be logging on at 2:30 p.m. to take your open record questions. You can start submitting them now.

Bryan Dean 2:29 p.m. OK, we're going to begin. I look forward to all your questions.

David 2:30 p.m. Bryan, why doesn't the pro-openess crowd support David Prater's investigation of the parole board?

Bryan Dean 2:31 p.m. I think a lot of open government advocates are very encouraged by Prater's investigation. There is an obvious lack of enforcement of open records and meeting laws. Any enforcement is encouraging. It would be nice to see similar concern for the law when it isn't a subject near and dear to Mr. Prater.

Bryan Dean 2:32 p.m. In the past, Mr. Prater has received FOI Oklahoma's Black Hole Award for refusing to release birth dates of county employees. I've spoken with him before about the lack of enforcement, and his reason for not pressing charges more often was that they were too busy prosuecuting murderers and other violent offenders.

Bryan Dean 2:33 p.m. That is a common refrain, but it rings rather hollow when they have plenty of resources to prosecute other misdemeanors.

Bryan Dean 2:33 p.m. We'll follow that with a similar question.

Diana 2:33 p.m. So many law enforcement agencies refuse to release information in the state and district attorneys refuse to prosecute. Do you have solution to this problem? What can be done?

Bryan Dean 2:34 p.m. The obvious solution would be for police and district attorneys to enforce the law like any other. Willfully violating either the open records or open meeting acts is a misdemeanor punishable by up to a year in jail and a $500 fine.

Bryan Dean 2:36 p.m. That doesn't seem to be happening, though. There are a lot of reasons. The most common offenders of these laws are public officials, and sometimes the district attorneys or police themselves.

Bryan Dean 2:37 p.m. One thing that has helped in other states is to create a state open records commission or ombudsman. Essentially, you create an appeal system so people can get relief without having to go through the lengthy and costly court process.

Bryan Dean 2:37 p.m. If such an office is truly independent and set up well, it can cut through a lot of the red tape.

Bryan Dean 2:38 p.m. That leads us to this question...

Silas 2:38 p.m. When a public agency won't release a public document, what recourse do people have?

Bryan Dean 2:38 p.m. Theoretically, you have both a criminal and civil recourse.

Bryan Dean 2:39 p.m. If someone is violating the law, you can make a complaint to local police or the district attorney. However, as we have been discussing, that doesn't usually go very far.

Bryan Dean 2:39 p.m. The other recourse is to sue.

Bryan Dean 2:39 p.m. Under the open records act, if you win an open records lawsuit, the agency that denied the records would have to pay your court costs.

Bryan Dean 2:40 p.m. But that is obviously a gamble. And it is a lengthy process.

David 2:40 p.m. You guys are big! You're the Oklahoman. Can't you just sue them when they don't release stuff?

Bryan Dean 2:41 p.m. Yes. That is always an option.

Bryan Dean 2:41 p.m. But again, it's a lengthy process. And it can be costly.

Bryan Dean 2:41 p.m. Also, when you sue, you risk losing and creating a bad precedent.

Bryan Dean 2:41 p.

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