ENROLLED SENATE
BILL NO. 715 By: Floyd of the Senate
and
Lawson
of the House
An Act relating to the Oklahoma Open Records Act; amending 51
O.S. 2021, Section 24A.7, as amended by Section 2, Chapter 307, O.S.L. 2022 (51
O.S. Supp. 2022, Section 24A.7), which relates to confidentiality of personnel
records; requiring certain notification for denial of access to records;
authorizing filing action upon certain denial; authorizing certain court orders
for release of certain records; allowing award of certain costs and fees; and
providing an effective date.
SUBJECT: Oklahoma Open Records Act
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 51 O.S. 2021,
Section 24A.7, as amended by Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp.
2022, Section 24A.7), is amended to read as follows:
Section 24A.7. A. At the sole discretion of the public
body, a public body may keep personnel records confidential:
1.
Which relate to internal personnel investigations including examination
and selection material for employment, hiring, appointment, promotion,
demotion, discipline or resignation; or
2.
Where disclosure would constitute a clearly unwarranted invasion of
personal privacy such as employee evaluations, payroll deductions, employment
applications submitted by persons not hired by the public body and transcripts
from institutions of higher education maintained in the personnel files of
certified public school employees; provided, however, that nothing in this
subsection shall be construed to exempt from disclosure the degree obtained and
the curriculum on the transcripts of certified public school employees.
B.
If a public body determines to keep a requested record confidential
pursuant to subsection A of this section, the public body shall notify the
requestor of such decision. A person denied
access to records may file an action pursuant to subsection B of Section 24A.17
of this title. Upon hearing, the court
may order the release of the records if the court finds that the public
interest in the records outweighs the privacy interest and shall order any redactions necessary
to protect innocent parties including
but not limited to personal identifying information. The court may award a requesting party court
costs and reasonable attorney fees if it finds that the denial of access to the
records by the public body was unreasonable.
C. All personnel records
not specifically falling within the exceptions provided in subsection A or D
E of this section shall be available for public inspection and copying
including, but not limited to, records of:
1.
An employment application of a person who becomes a public official;
2.
The gross receipts of public funds;
3.
The dates of employment, title or position; and
4.
Any final disciplinary action resulting in loss of pay, suspension,
demotion of position or termination.
C. D. Except as may
otherwise be made confidential by statute, an employee of a public body shall
have a right of access to his own personnel file.
D. E. The home
addresses, home telephone numbers, Social Security numbers, private email
addresses, and private mobile phone numbers of current and former public
employees shall not be open to public inspection or disclosure; provided,
however, that nothing in this subsection shall be construed to exempt from
disclosure public records created using a private email address or private
mobile phone.
E. F. Except as
otherwise required by Section 6-101.16 of Title 70 of the Oklahoma Statutes,
public bodies shall keep confidential all records created pursuant to the
Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) which
identify a current or former public employee and contain any evaluation,
observation or other TLE record of such employee.
SECTION 2.
This act shall become effective November 1, 2023.
Passed the Senate the 22nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 27th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________