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Oklahoma Association of Municipal Attorneys

Open Records Act, Anonymous Individual

John R. Andrew

Mon, Jan 24, 2022 9:43 PM

All,

We have an individual who is well known to us (our police department especially) who has been going down a rabbit hole and constantly requesting records. We have been processing his requests at .25 per page but today he crossed a line: while the cashier in the clerk's office was giving him change, he reached his phone over the desk and photographed all the documents on her desk. Now he is requesting information regarding a check he saw on the desk (not a big deal, just a check going to our retirement fund account from the city).

He files his requests as a person named "Good Citizen" with no address information, just his phone number. Is this enough to deny his requests? Also, what can we do about him reaching over to take pictures of documents on individual's desks? Having trouble finding good information on what we can do. We are pretty fed up with this individual, I wish he would finally sue us so I can show the DC how frivolous he is and charge him with attorney fees, so he'll stop.

Thanks,

John R. Andrew, J.D., M.P.A.
City Attorney, City of Ponca City, OK
PO Box 1450
Ponca City, OK 74602-1450
(580) 767-0337
andrejr@poncacityok.gov

All, We have an individual who is well known to us (our police department especially) who has been going down a rabbit hole and constantly requesting records. We have been processing his requests at .25 per page but today he crossed a line: while the cashier in the clerk's office was giving him change, he reached his phone over the desk and photographed all the documents on her desk. Now he is requesting information regarding a check he saw on the desk (not a big deal, just a check going to our retirement fund account from the city). He files his requests as a person named "Good Citizen" with no address information, just his phone number. Is this enough to deny his requests? Also, what can we do about him reaching over to take pictures of documents on individual's desks? Having trouble finding good information on what we can do. We are pretty fed up with this individual, I wish he would finally sue us so I can show the DC how frivolous he is and charge him with attorney fees, so he'll stop. Thanks, John R. Andrew, J.D., M.P.A. City Attorney, City of Ponca City, OK PO Box 1450 Ponca City, OK 74602-1450 (580) 767-0337 andrejr@poncacityok.gov

Jon Miller

Mon, Jan 24, 2022 10:27 PM

John,

My understanding is that the city can require a person complete a written form for an Open Record Act request. Our form includes a spot for a name, contact information, description of the records sought, and perhaps some other information. This is a matter needed administratively to show that the request was made, who made it and what they were asking for, and to track that the city responded and when.

With regard to taking photographs of desk tops, my understanding (which I have garnered over the years but not specifically researched) is that a citizen that is within a public area may take photographs or videos. We have had that happen on occasion, However, there is information in the city's business offices that is not open for public inspection, is subject to privacy and confidentiality claims, and should not be photographed or videoed by citizens. Even a check to the retirement fund may have confidential and private information. There are also "red-flag rules" that could be in play if any of the information photographed includes account information for utility customers. I do not know where the desk is located, but I would take the position that photographing the top of a city employee's desk is off limits. I would approach this like any other business office where their business information is private unless and until an appropriate Open Records Act request has been received to obtain the information. Someone cannot just come in and start going through the City's files.

Good luck.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: John R. Andrew andrejr@poncacityok.gov
Sent: Monday, January 24, 2022 3:43 PM
To: oama@lists.imla.org
Subject: [Oama] Open Records Act, Anonymous Individual

All, We have an individual who is well known to us (our police department especially) who has been going down a rabbit hole and constantly requesting records. We have been processing his reques

All,

Thanks,

John R. Andrew, J.D., M.P.A.
City Attorney, City of Ponca City, OK
PO Box 1450
Ponca City, OK 74602-1450
(580) 767-0337
andrejr@poncacityok.gov mailto:andrejr@poncacityok.gov

John, My understanding is that the city can require a person complete a written form for an Open Record Act request. Our form includes a spot for a name, contact information, description of the records sought, and perhaps some other information. This is a matter needed administratively to show that the request was made, who made it and what they were asking for, and to track that the city responded and when. With regard to taking photographs of desk tops, my understanding (which I have garnered over the years but not specifically researched) is that a citizen that is within a public area may take photographs or videos. We have had that happen on occasion, However, there is information in the city's business offices that is not open for public inspection, is subject to privacy and confidentiality claims, and should not be photographed or videoed by citizens. Even a check to the retirement fund may have confidential and private information. There are also "red-flag rules" that could be in play if any of the information photographed includes account information for utility customers. I do not know where the desk is located, but I would take the position that photographing the top of a city employee's desk is off limits. I would approach this like any other business office where their business information is private unless and until an appropriate Open Records Act request has been received to obtain the information. Someone cannot just come in and start going through the City's files. Good luck. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: John R. Andrew <andrejr@poncacityok.gov> Sent: Monday, January 24, 2022 3:43 PM To: oama@lists.imla.org Subject: [Oama] Open Records Act, Anonymous Individual All, We have an individual who is well known to us (our police department especially) who has been going down a rabbit hole and constantly requesting records. We have been processing his reques All, We have an individual who is well known to us (our police department especially) who has been going down a rabbit hole and constantly requesting records. We have been processing his requests at .25 per page but today he crossed a line: while the cashier in the clerk's office was giving him change, he reached his phone over the desk and photographed all the documents on her desk. Now he is requesting information regarding a check he saw on the desk (not a big deal, just a check going to our retirement fund account from the city). He files his requests as a person named "Good Citizen" with no address information, just his phone number. Is this enough to deny his requests? Also, what can we do about him reaching over to take pictures of documents on individual's desks? Having trouble finding good information on what we can do. We are pretty fed up with this individual, I wish he would finally sue us so I can show the DC how frivolous he is and charge him with attorney fees, so he'll stop. Thanks, John R. Andrew, J.D., M.P.A. City Attorney, City of Ponca City, OK PO Box 1450 Ponca City, OK 74602-1450 (580) 767-0337 andrejr@poncacityok.gov<mailto:andrejr@poncacityok.gov>