Responding to Records Requests
As a public agency, RUSO and its Universities are subject to the Oklahoma Open Records Act. As an educational institution of higher education, student records are subject to the Family Education Rights and Privacy Act (FERPA). Any member of the public may request records from an Oklahoma public agency or institution of higher education (IHE). Some records may be confidential and not subject to disclosure. Whether or not the records are produced will depend on many factors including, but not limited to, the identity of the person requesting the record, that person's relationship to the records, whether the record exists or whether the record is confidential or private. In Oklahoma, public records are presumed to be subject to the Open Records Act. If a record is not produced, the burden is on the agency to establish the exception.
As used in the Oklahoma Open Records Act a "Record" means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, record, sound recording, film recording, video record or other material regardless of physical form or characteristic which is (1) created by, (2) received by, (3) under the authority of, or (4) comes into the custody, control or possession of public officials, public bodies, or their representatives in connection with (1) the transaction of public business, (2) the expenditure of public funds or (3) the administering of public property.
The statute also excludes certain items from the definition. For example, computer software is not a record within the Act. The statute should be consulted for the specific exceptions. See,
51 O.S. Section 24A.3The ORA does not prescribe any particular method of making a request. An agency may not impose any requirements beyond those set forth in the ORA. However, the Act states that the agency may establish reasonable procedures which protect the integrity and organization of its records and to prevent excessive disruptions of its essential functions. The Oklahoma Attorney General has determined that it could be considered a reasonable procedure to require the request to be in writing to assist the agency ensure the request is responded to fully and competently. See, 51 O.S. Section 24A.5 and the Opinion of the Oklahoma Attorney General, 1999 OK AG 55.
A public body shall designate certain persons who are authorized to release records of the public body for inspection, copying, or mechanical reproduction. At least one person shall be available at all times to release records during the regular business hours of the public body. 51 O. S. Section 24A.5(6).
A public body must provide prompt, reasonable access to its records but may establish reasonable procedures which protect the integrity and organization of its records and to prevent excessive disruptions of its essential functions. 51 O.S. Section 24A.5(5).
All records of public bodies and public officials shall be open to any person for inspection, copying, or mechanical reproduction as they are kept. A public body is not required to convert records into a form which they are not kept. See, 51 O.S. Section 24A.5, and Opinion of the Oklahoma Attorney General, 2006 OK AG 35
The Act does not impose any additional recordkeeping requirements on public bodies or public officials. If the record does not exist it does not need to be created. 51 O.S. Section 24A.18.
Any public official who willfully violates any provision of the Oklahoma Open Records Act, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both such fine and imprisonment.
Any person denied access to records of a public body or public official may bring a civil suit for declarative or injunctive relief, or both, but such civil suit shall be limited to records requested and denied prior to filing of the civil suit. If successful the person shall be entitled to reasonable attorney fees. If the public body or public official successfully defends a civil suit and the court finds that the suit was clearly frivolous, the public body or public official shall be entitled to reasonable attorney fees.
In any event a public body or public official shall not be civilly liable for damages for providing access to records as allowed under the Oklahoma Open Records Act.
Occasionally a request for Records may seek records which are private or confidential, including Records protected by FERPA. These Records may not be available for production. If you have any question as to whether a document should be produced, you should contact the RUSO General Counsel.