What's the authority for responding to an open records request that needs
to be more specific in it's request? For example, this request, among other
things, asks for all video and audio pertaining to city hall activities
from a ten day period whether during business hours or not.

I don’t think they have to be more specific. You can just make it available for review and they can sit in City Hall and inspect it or copy it.

BUT -- Is someone going to have to review that video and audio to ensure it doesn’t include confidential information?  If so, you will need to charge a reasonable fee for the time to do that. I would advise the requestor of the fee and require that it be paid ahead of time.

(I’m assuming the video & audio recordings meet the definition of “record.”)

Kim Spady

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Tuesday, July 27, 2021 5:02 PM
To: oama@lists.imla.org
Subject: [Oama] Open records request question

What's the authority for responding to an open records request that needs to be more specific in it's request? For example, this request, among other things, asks for all video and audio pertaining to city hall activities from a ten day period whether during business hours or not.

I’m not aware of an authority, but if something is obviously overly broad and particularly when it appears the requestor probably didn’t really think about how broad the request is, we usually simply call or email them and ask about possibly narrowing the request. Then we confirm in writing or they submit a new request.

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Tuesday, July 27, 2021 5:02 PM
To: oama@lists.imla.org
Subject: [Oama] Open records request question

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What's the authority for responding to an open records request that needs to be more specific in it's request? For example, this request, among other things, asks for all video and audio pertaining to city hall activities from a ten day period whether during business hours or not.

When we have received requests that appear overly broad, staff will call the requesting party to visit and see whether they really want all of the information they are requesting.  Often the request is narrowed by the requesting party.  No statutory authority for doing this, but it makes sense.  If the party says they do want all of the information, it is provided if allowed under the Open Records Act.

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

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From: Phillip Morton mortonlawoffice@gmail.com
Sent: Tuesday, July 27, 2021 5:02 PM
To: oama@lists.imla.org
Subject: [Oama] Open records request question

What's the authority for responding to an open records request that needs to be more specific in it's request? For example, this request, among other things, asks for all video and audio pertaining to city hall activities from a ten day period whether during business hours or not.

Same answer as Jon’s for OKC.  Never hurts to act.

From: Jon Miller jonmiller@jem-pc.com
Sent: Wednesday, July 28, 2021 9:09 AM
To: Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: Open records request question

When we have received requests that appear overly broad, staff will call the requesting party to visit and see whether they really want all of the information they are requesting.  Often the request is narrowed by the requesting party.  No statutory authority for doing this, but it makes sense.  If the party says they do want all of the information, it is provided if allowed under the Open Records Act.

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

This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Tuesday, July 27, 2021 5:02 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Open records request question

What's the authority for responding to an open records request that needs to be more specific in it's request? For example, this request, among other things, asks for all video and audio pertaining to city hall activities from a ten day period whether during business hours or not.
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Hello all!
I have a defense attorney who is agressively questioning the collection of credit card fees on bond payments made thru TrafficTickets.com.  I believe that the third-party (TrfficTickets.com) charges a $12.00 fee for all payments.  The attorney has filed a motion demanding to see the Ordinance authorizing the collection of this fee.  Has anyone ever run into this issue before?
Thanks,
Billy Wheeler

The credit card processing agreements we have provide for the company to collect a fee that we never see.  Usually the website with the payment information clearly identifies the third party processor and states their terms and fees.  Also, make sure you never get the credit card information or you will be responsible if there is a breach.

From: wwheeler oktitleattorney.com [mailto:wwheeler@oktitleattorney.com]
Sent: Friday, August 06, 2021 4:09 PM
To: oama@lists.imla.org
Subject: [Oama] Credit Card Fees

Hello all!
I have a defense attorney who is agressively questioning the collection of credit card fees on bond payments made thru TrafficTickets.com.  I believe that the third-party (TrfficTickets.com) charges a $12.00 fee for all payments.  The attorney has filed a motion demanding to see the Ordinance authorizing the collection of this fee.  Has anyone ever run into this issue before?
Thanks,
Billy Wheeler

Under 11 O.S. 27-117(C), the amount and condition of bail “shall be determined by the judge. However, the amount shall not exceed the maximum fine plus court costs.

Court costs are governed by 11 O.S. 27-126. Court costs cannot exceed $30.00.  However, 27-126 also allows a municipal court to assess fees as determined by the governing body.

The aggressive defense attorney could be arguing that the $12.00 fee can’t be charged because it unless the governing Cody does do by ordinance. However, the court isn’t collecting the fee. TrafficTickets.com is. If a defendant doesn’t want to pay the fee, they can post the bond by other means.

To a certain extent, it’s no different than a bondsman charging 10% of the bond amount to post a surety bond.  This fee is also not determined by the governing body under 27-126.

Sent from my iPhone

On Aug 6, 2021, at 5:18 PM, Lou Ann Moudy louann@moudylaw.com wrote:


The credit card processing agreements we have provide for the company to collect a fee that we never see.  Usually the website with the payment information clearly identifies the third party processor and states their terms and fees.  Also, make sure you never get the credit card information or you will be responsible if there is a breach.

From: wwheeler oktitleattorney.com [mailto:wwheeler@oktitleattorney.com]
Sent: Friday, August 06, 2021 4:09 PM
To: oama@lists.imla.org
Subject: [Oama] Credit Card Fees

Hello all!
I have a defense attorney who is agressively questioning the collection of credit card fees on bond payments made thru TrafficTickets.com.  I believe that the third-party (TrfficTickets.com) charges a $12.00 fee for all payments.  The attorney has filed a motion demanding to see the Ordinance authorizing the collection of this fee.  Has anyone ever run into this issue before?
Thanks,
Billy Wheeler

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