Tuesday, August 21, 2012

If Oklahoma gets an ‘F’ when it comes to public access, what about Rogers County?

What is there to hide?
Apparently, in Oklahoma, there must be some pretty top secret stuff in governmental offices all across the state.
Oklahoma ranks 33rd nationally by the Center for Public Integrity, Global Integrity Radio International.
In an article in the August 2012 Oklahoma Publisher, “the failing grade is due to lack of enforcement of the state’s open records and open meeting laws.”
The group’s investigation initially gave Oklahoma a “75 out of 100, for the rights guaranteed to the public in the law, but the lack of any practical enforcement and a cheap and quick appeals process dropped the grade to a 55 out of 100.”
Here in Rogers County, we’ve lately come to expect attempts to block public access to records, even attempts to enter executive sessions without real reasons for them.
Why do public officials want such tight control over records which they legally have a right to access?
According to the Oklahoma Publisher article, “Another reason the state was marked down was a lack of an agency or official entity that monitors compliance with the open meeting and records law. Though the law guarantees access to most public records and meetings, when agencies wrongfully deny access, the only way to appeal it is a lawsuit or to persuade a district attorney to file criminal charges.”
What is ironic about the center’s findings for Rogers County? The very entity which would file charges about wrongfully blocking access to public documents or holding illegal executive sessions is an Assistant District Attorney.
Who provides oversight when those in power do not police themselves? Such misuse of power should be intolerable in Rogers County and Oklahoma.
There is no real teeth in the Oklahoma Open Meetings Act for violations. A slap on the hand and “please do not do it again” is really what happens.
If ordinary citizens break the law, there are real consequences. When public officials block access to information to the public that they are legally entitled to, they get a pass.
Here in Rogers County we face the challenge of  Assistant District Attorney David Iski serving as counsel to the Rogers County Board of Commissioners. On several occasions, his legal counsel to the commissioners has helped them skirt open meetings laws. He has recently begun blocking access to public documents by using the claim of attorney-client privileges.
In their latest attempt, commissioners and Iski want to invoke Homeland Security as a way of keeping the public away from discussions on how the 911 Center will be built and operated.
Who do commissioners work for? Do Mike Helm, Dan DeLozier and Kirt Thacker work for the District Attorney’s office or for the people of Rogers County?
“The states that scored the highest in the survey have a system in place for people to turn to when there are violations of open meeting and record laws,” according to the Center for Public Integrity’s report.
Rogers County citizens have no where to turn with the District Attorney’s office controlling what commissioners do or what the public has access to.
It is quite a shame that transparency has no value at the courthouse.
What type of actions have commissioners taken that should be kept secret? Shouldn’t county taxpayers have the right to know what officials are hiding?
By creating an atmosphere of secrecy, the assistant district attorney and commissioners also give the perception that something wrong has happened. No one hides accomplishments.
The Center for Public Integrity said the state of Connecticut has a freedom of information commission that serves as a watchdog and also hears complaints about the blocking of access to public records or violation of open meetings laws.
Connecticut received an 85 from the center’s study.
What has to happen to improve Oklahoma’s score? More openness is required. It is also ironic that Oklahoma Attorney General, beginning next month, will be holding six seminars across the state for public officials to help them understand how they should comply with the Open Meeting and Open Records Act.
This should be a required seminar for Helm, DeLozier and Thacker, as well as Assistant D.A. Iski.
Randy Cowling is editor of the Claremore Daily Progress.

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