DA Wants to Hold Violators Accountable
By Bryan Dean, The Daily Oklahoman
Mar. 11–Knowingly violating Oklahoma’s openness laws is a misdemeanor, punishable by up to a year in jail and a $500 fine.
But violators rarely are held accountable because prosecution of the crime falls on local district attorneys who are often reluctant to go after the public officials, open government advocates said.
Lacking respect Joey Senat, an Oklahoma State University journalism professor and president of FOI Oklahoma, said many elected officials and government employees don’t respect open record and open meeting laws because they know they won’t face consequences for violating them.
That could be changing, though. Oklahoma County District Attorney David Prater, who took office in January, filed charges last month against two Warr Acres City Council members accused of violating the Open Meeting Act.
Prater said he doesn’t file charges just to make a point, but the case should give notice that public officials in Oklahoma County will face consequences if they don’t take openness laws seriously.
"These violations are a breach of the law," Prater said. "They are there to give access to the public. We believe that governmental agencies and boards and the like should be open to the public that they serve."
Senat said Prater’s attitude is rare among district attorneys statewide. FOI Oklahoma plans to create an award recognizing district attorneys who enforce openness laws.
Police enforcement The problem particularly is difficult when it comes to police, because residents often believe they have no one to turn to when those charged with enforcing the law don’t want to follow it, Senat said.
"Somehow they don’t think this applies to them," Senat said. "If the police don’t take it seriously and they are responsible for enforcing laws, it’s not surprising that city council members don’t take it seriously."
Attorney General Drew Edmondson said the police are the first contact for residents who believe the law is being violated. If police are the problem, residents should go to their district attorney, he said. Although district attorneys don’t investigate crimes, they can call on the Oklahoma State Bureau of Investigation if a law enforcement official is implicated in a crime.
Different treatment Edmondson said openness laws are treated differently by different district attorneys, which is the case with many crimes. Some district attorneys may put an emphasis on drug enforcement, while others target prostitution.
"I think all public officials are very responsive to public opinion and public priorities," Edmondson said. "If a constituency wants more time devoted to this area of the law, I think a DA will be responsive to that."
When district attorneys don’t want to prosecute an open records or meeting violation, residents can file civil lawsuits. Edmondson said those lawsuits can be just as effective as a criminal charge in bringing about change.
Cost of cases But Senat said it isn’t right to expect private residents to bear the cost of prosecuting such cases.
"We don’t expect people to file civil suits to have speeding laws enforced in their neighborhood," Senat said.
Edmondson’s office tries to educate public officials about openness laws by conducting seminars across the state explaining the law.
Statewide obligation Edmondson also spoke recently to the Oklahoma District Attorneys Council, reminding district attorneys statewide of their obligation to enforce the law.
When charges are filed, such as in the Warr Acres case, it can make a big difference, Edmondson said.
"It has much broader affect than just in that town," Edmondson said. "I think other towns watch things like that. Nobody wants to go have to hire a lawyer."
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Copyright (c) 2007, The Daily Oklahoman
Distributed by McClatchy-Tribune Business News.
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