1| SENATE FLOOR VERSION | | February 21, 2023 | 2| AS AMENDED | | | 3|SENATE BILL NO. 715 By: Floyd | | | 4| | | | 5| | | | 6| An Act relating to the Oklahoma Open Records Act; | | amending 51 O.S. 2021, Section 24A.7, as amended by | 7| Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp. | | 2022, Section 24A.7), which relates to | 8| confidentiality of personnel records; requiring | | certain notification for denial of access to records; | 9| authorizing filing action upon certain denial; | | authorizing certain court orders for release of | 10| certain records; allowing award of certain costs and | | fees; and providing an effective date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.7, as | | | 15|amended by Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp. 2022, | | | 16|Section 24A.7), is amended to read as follows: | | | 17| Section 24A.7. A. At thesolediscretion of the public body, a | | | 18|public body may keep personnel records confidential: | | | 19| 1. Which relate to internal personnel investigations including | | | 20|examination and selection material for employment, hiring, | | | 21|appointment, promotion, demotion, discipline or resignation; or | | | 22| 2. Where disclosure would constitute a clearly unwarranted | | | 23|invasion of personal privacy such as employee evaluations, payroll | | | 24|deductions, employment applications submitted by persons not hired | | | arsid422006 SENATE FLOOR VERSION - SB715 SFLR Page 1 ___________________________________________________________________________
1|by the public body and transcripts from institutions of higher | | | 2|education maintained in the personnel files of certified public | | | 3|school employees; provided, however, that nothing in this subsection | | | 4|shall be construed to exempt from disclosure the degree obtained and | | | 5|the curriculum on the transcripts of certified public school | | | 6|employees. | | | 7| B. If a public body determines to keep a requested record | | | 8|confidential pursuant to subsection A of this section, the public | | | 9|body shall notify the requestor of such decision. A person denied | | | 10|access to records may file an action pursuant to subsection B of | | | 11|Section 24A.17 of this title. Upon hearing, the court may order the | | | 12|release of the records if the court finds that the public interest | | | 13|in the records outweighs the privacy interest and shall order any | | | 14|redactions necessary to protect innocent parties including but not | | | 15|limited to personal identifying information. The court may award a | | | 16|requesting party court costs and reasonable attorney fees if it | | | 17|finds that the denial of access to the records by the public body | | | 18|was unreasonable. | | | 19| C. All personnel records not specifically falling within the | | | 20|exceptions provided in subsection A orDE of this section shall be | | | 21|available for public inspection and copying including, but not | | | 22|limited to, records of: | | | 23| 1. An employment application of a person who becomes a public | | | 24|official; | | | arsid422006 SENATE FLOOR VERSION - SB715 SFLR Page 2 ___________________________________________________________________________
1| 2. The gross receipts of public funds; | | | 2| 3. The dates of employment, title or position; and | | | 3| 4. Any final disciplinary action resulting in loss of pay, | | | 4|suspension, demotion of position or termination. | | | 5|C.D. Except as may otherwise be made confidential by statute, | | | 6|an employee of a public body shall have a right of access to his own | | | 7|personnel file. | | | 8|D.E. The home addresses, home telephone numbers, Social | | | 9|Security numbers, private email addresses, and private mobile phone | | | 10|numbers of current and former public employees shall not be open to | | | 11|public inspection or disclosure; provided, however, that nothing in | | | 12|this subsection shall be construed to exempt from disclosure public | | | 13|records created using a private email address or private mobile | | | 14|phone. | | | 15|E.F. Except as otherwise required by Section 6-101.16 of Title | | | 16|70 of the Oklahoma Statutes, public bodies shall keep confidential | | | 17|all records created pursuant to the Oklahoma Teacher and Leader | | | 18|Effectiveness Evaluation System (TLE) which identify a current or | | | 19|former public employee and contain any evaluation, observation or | | | 20|other TLE record of such employee. | | | 21| SECTION 2. This act shall become effective November 1, 2023. | | | 22|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY | |February 21, 2023 - DO PASS AS AMENDED | 23| | | | 24| | | | arsid422006 SENATE FLOOR VERSION - SB715 SFLR Page 3