Bill Text For SB0715 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 715                      By: Floyd                         |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to the Oklahoma Open Records Act;               |
  |       amending 51 O.S. 2021, Section 24A.7, as amended by             |
 8|       Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp.              |
  |       2022, Section 24A.7), which relates to                          |
 9|       confidentiality of personnel records; requiring                 |
  |       certain notification for denial of access to records;           |
10|       authorizing filing action upon certain denial;                  |
  |       authorizing certain court orders for release of                 |
11|       certain records; allowing award of certain costs and            |
  |       fees; and providing an effective date.                          |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     51 O.S. 2021, Section 24A.7, as      |
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16|amended by Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp. 2022,    |
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17|Section 24A.7), is amended to read as follows:                         |
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18|    Section 24A.7.  A.  At the sole discretion of the public body, a   |
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19|public body may keep personnel records confidential:                   |
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20|    1.  Which relate to internal personnel investigations including    |
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21|examination and selection material for employment, hiring,             |
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22|appointment, promotion, demotion, discipline or resignation; or        |
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23|    2.  Where disclosure would constitute a clearly unwarranted        |
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24|invasion of personal privacy such as employee evaluations, payroll     |
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   Req. No. 1344                                                   Page 1
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 1|deductions, employment applications submitted by persons not hired     |
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 2|by the public body and transcripts from institutions of higher         |
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 3|education maintained in the personnel files of certified public        |
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 4|school employees; provided, however, that nothing in this subsection   |
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 5|shall be construed to exempt from disclosure the degree obtained and   |
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 6|the curriculum on the transcripts of certified public school           |
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 7|employees.                                                             |
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 8|    B.  If a public body determines to keep a requested record         |
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 9|confidential pursuant to subsection A of this section, the public      |
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10|body shall notify the requestor of such decision.  A person denied     |
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11|access to records may file an action pursuant to subsection B of       |
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12|Section 24A.17 of this title.  Upon hearing, the court may order the   |
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13|release of the records if the court finds that the public interest     |
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14|in the records outweighs the privacy interest and may order any        |
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15|redactions necessary to protect innocent parties.  The court may       |
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16|award a requesting party court costs and reasonable attorney fees if   |
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17|it finds that the denial of access to the records by the public body   |
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18|was unreasonable.                                                      |
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19|    C.  All personnel records not specifically falling within the      |
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20|exceptions provided in subsection A or D E of this section shall be    |
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21|available for public inspection and copying including, but not         |
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22|limited to, records of:                                                |
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23|    1.  An employment application of a person who becomes a public     |
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24|official;                                                              |
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   Req. No. 1344                                                   Page 2
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 1|    2.  The gross receipts of public funds;                            |
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 2|    3.  The dates of employment, title or position; and                |
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 3|    4.  Any final disciplinary action resulting in loss of pay,        |
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 4|suspension, demotion of position or termination.                       |
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 5|    C. D.  Except as may otherwise be made confidential by statute,    |
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 6|an employee of a public body shall have a right of access to his own   |
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 7|personnel file.                                                        |
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 8|    D. E.  The home addresses, home telephone numbers, Social          |
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 9|Security numbers, private email addresses, and private mobile phone    |
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10|numbers of current and former public employees shall not be open to    |
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11|public inspection or disclosure; provided, however, that nothing in    |
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12|this subsection shall be construed to exempt from disclosure public    |
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13|records created using a private email address or private mobile        |
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14|phone.                                                                 |
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15|    E. F.  Except as otherwise required by Section 6-101.16 of Title   |
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16|70 of the Oklahoma Statutes, public bodies shall keep confidential     |
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17|all records created pursuant to the Oklahoma Teacher and Leader        |
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18|Effectiveness Evaluation System (TLE) which identify a current or      |
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19|former public employee and contain any evaluation, observation or      |
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20|other TLE record of such employee.                                     |
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21|    SECTION 2.  This act shall become effective November 1, 2023.      |
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23|    59-1-1344      TEK       1/18/2023 4:26:54 PM                      |
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   Req. No. 1344                                                   Page 3
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