Counselors:

An out of state group is asking for police policies on use of force and mental health calls.  There is a concern that disclosure of these policies would expose police tactics for response and could compromise the safety of officers.  I have not found in the Open Records Act any exception for records the disclosure of which could pose a public safety risk.  In researching cases from other states, most of the cases have a state law that includes a public policy or public safety exception.

Has anyone received a similar request or responded to a request seeking information that raised a similar safety concern?  How did you handle this issue.  Any insight would be appreciated.

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

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Yes.  Not one of the items in 24A.8(A) that is required to be made available for public inspection and copying and there is no a court has not found that the public interest or the interest of an individual outweighs the reason for denial under 24A(B). With that said, NPD has made a distinction between policy and procedure.  Its policies are available on the internet. It’s procedures are not.
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On Jun 10, 2025, at 6:24 PM, Jon Miller via Oama oama@lists.imla.org wrote:


Counselors:

An out of state group is asking for police policies on use of force and mental health calls.  There is a concern that disclosure of these policies would expose police tactics for response and could compromise the safety of officers.  I have not found in the Open Records Act any exception for records the disclosure of which could pose a public safety risk.  In researching cases from other states, most of the cases have a state law that includes a public policy or public safety exception.

Has anyone received a similar request or responded to a request seeking information that raised a similar safety concern?  How did you handle this issue.  Any insight would be appreciated.

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

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

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