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Open Record Request

JM
Jon Miller
Fri, Jan 28, 2022 2:27 PM

City received an Open Record request for security video inside the City's gym facility.  The video will likely include images of juveniles engaged in sports activities.  I have a level of unease in releasing the video that includes these juveniles without obtaining parental consent.  I know that generally there is no obligation to obtain consent of third parties to release information subject to production under the ORA.  Has anyone addressed this issue or have thoughts they would share?

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.

City received an Open Record request for security video inside the City's gym facility. The video will likely include images of juveniles engaged in sports activities. I have a level of unease in releasing the video that includes these juveniles without obtaining parental consent. I know that generally there is no obligation to obtain consent of third parties to release information subject to production under the ORA. Has anyone addressed this issue or have thoughts they would share? 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.
AG
Ambre Gooch
Fri, Jan 28, 2022 2:35 PM

I have not, but I'm sure you're familiar with ORA Okla. Stat. tit. 51, Sec. 24.8(9)(c)  which allows you to redact portions of the video which depict minors under the age of 16.  That may not be practical or feasible for the City to do, though, who knows...........if you'd have to farm it out to some IT company to do that, then perhaps you could advise the requesting party that the City can only comply with their request by farming it out in which case the requesting party will have to pay the reasonable fee which allows the City to recover the direct cost of doing that, as provided for in 24.5(4).  Just my thoughts here.......

Ambre C. Gooch
Associate General Counsel
agooch@omag.orgmailto:agooch@omag.org

[cid:image001.png@01D81421.FFCAB2A0]
3650 S. Boulevard
Edmond, OK  73013
Phone: 405.657.1447
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/
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From: Jon Miller JMiller@cityofmustang.org
Sent: Friday, January 28, 2022 8:28 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Open Record Request

City received an Open Record request for security video inside the City's gym facility.  The video will likely include images of juveniles engaged in sports activities.  I have a level of unease in releasing the video that includes these juveniles without obtaining parental consent.  I know that generally there is no obligation to obtain consent of third parties to release information subject to production under the ORA.  Has anyone addressed this issue or have thoughts they would share?

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.

I have not, but I'm sure you're familiar with ORA Okla. Stat. tit. 51, Sec. 24.8(9)(c) which allows you to redact portions of the video which depict minors under the age of 16. That may not be practical or feasible for the City to do, though, who knows...........if you'd have to farm it out to some IT company to do that, then perhaps you could advise the requesting party that the City can only comply with their request by farming it out in which case the requesting party will have to pay the reasonable fee which allows the City to recover the direct cost of doing that, as provided for in 24.5(4). Just my thoughts here....... Ambre C. Gooch Associate General Counsel agooch@omag.org<mailto:agooch@omag.org> [cid:image001.png@01D81421.FFCAB2A0] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1447 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [https://www.omag.org/portals/0/twitter.png] <https://twitter.com/omag1977> [https://www.omag.org/portals/0/linkedin.png] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor 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 review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. From: Jon Miller <JMiller@cityofmustang.org> Sent: Friday, January 28, 2022 8:28 AM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Open Record Request City received an Open Record request for security video inside the City's gym facility. The video will likely include images of juveniles engaged in sports activities. I have a level of unease in releasing the video that includes these juveniles without obtaining parental consent. I know that generally there is no obligation to obtain consent of third parties to release information subject to production under the ORA. Has anyone addressed this issue or have thoughts they would share? 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.
JM
Jon Miller
Fri, Jan 28, 2022 3:18 PM

Thank you, Ambre.  I had not thought about passing the cost to block out the juveniles on to the requesting party under §24.5(4).

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: Ambre Gooch agooch@omag.org
Sent: Friday, January 28, 2022 8:35 AM
To: Jon Miller JMiller@cityofmustang.org; oama (oama@lists.imla.org) oama@lists.imla.org
Subject: RE: Open Record Request

I have not, but I'm sure you're familiar with ORA Okla. Stat. tit. 51, Sec. 24.8(9)(c)  which allows you to redact portions of the video which depict minors under the age of 16.  That may no

I have not, but I'm sure you're familiar with ORA Okla. Stat. tit. 51, Sec. 24.8(9)(c)  which allows you to redact portions of the video which depict minors under the age of 16.  That may not be practical or feasible for the City to do, though, who knows...........if you'd have to farm it out to some IT company to do that, then perhaps you could advise the requesting party that the City can only comply with their request by farming it out in which case the requesting party will have to pay the reasonable fee which allows the City to recover the direct cost of doing that, as provided for in 24.5(4).  Just my thoughts here.......

Ambre C. Gooch
Associate General Counsel
agooch@omag.orgmailto:agooch@omag.org

[cid:image005.png@01D81427.F40ECB80]
3650 S. Boulevard
Edmond, OK  73013
Phone: 405.657.1447
Fax: 405.657.1401
OMAG Web Sitehttps://us-west-2.protection.sophos.com?d=omag.org&u=aHR0cDovL3d3dy5vbWFnLm9yZy8=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=L0VoV0dwR0JRVTFkRHFvRGxIeXZ2aFRVLytJNG5tN0VTL2s5U3JpRnBKQT0=&h=f6b5b4936b084c45bb78f4259e83d82d
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NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor 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 review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments.

From: Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org>
Sent: Friday, January 28, 2022 8:28 AM
To: oama (oama@lists.imla.orgmailto:oama@lists.imla.org) <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Open Record Request

City received an Open Record request for security video inside the City's gym facility.  The video will likely include images of juveniles engaged in sports activities.  I have a level of unease in releasing the video that includes these juveniles without obtaining parental consent.  I know that generally there is no obligation to obtain consent of third parties to release information subject to production under the ORA.  Has anyone addressed this issue or have thoughts they would share?

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.

Thank you, Ambre. I had not thought about passing the cost to block out the juveniles on to the requesting party under §24.5(4). 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: Ambre Gooch <agooch@omag.org> Sent: Friday, January 28, 2022 8:35 AM To: Jon Miller <JMiller@cityofmustang.org>; oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: RE: Open Record Request I have not, but I'm sure you're familiar with ORA Okla. Stat. tit. 51, Sec. 24.8(9)(c) which allows you to redact portions of the video which depict minors under the age of 16. That may no I have not, but I'm sure you're familiar with ORA Okla. Stat. tit. 51, Sec. 24.8(9)(c) which allows you to redact portions of the video which depict minors under the age of 16. That may not be practical or feasible for the City to do, though, who knows...........if you'd have to farm it out to some IT company to do that, then perhaps you could advise the requesting party that the City can only comply with their request by farming it out in which case the requesting party will have to pay the reasonable fee which allows the City to recover the direct cost of doing that, as provided for in 24.5(4). Just my thoughts here....... Ambre C. Gooch Associate General Counsel agooch@omag.org<mailto:agooch@omag.org> [cid:image005.png@01D81427.F40ECB80] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1447 Fax: 405.657.1401 OMAG Web Site<https://us-west-2.protection.sophos.com?d=omag.org&u=aHR0cDovL3d3dy5vbWFnLm9yZy8=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=L0VoV0dwR0JRVTFkRHFvRGxIeXZ2aFRVLytJNG5tN0VTL2s5U3JpRnBKQT0=&h=f6b5b4936b084c45bb78f4259e83d82d> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://us-west-2.protection.sophos.com?d=facebook.com&u=aHR0cHM6Ly93d3cuZmFjZWJvb2suY29tL3BhZ2VzL09rbGFob21hLU11bmljaXBhbC1Bc3N1cmFuY2UtR3JvdXAvMjE3NzMzMzExNzQwOTMxP3JlZj1zdHJlYW0=&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=QkgrT1VkR1V0UFZpMDVFN2Rwbjc0YTRaWGRCTzYvdHRhWDJGTzJxWWJhcz0=&h=f6b5b4936b084c45bb78f4259e83d82d> [https://www.omag.org/portals/0/twitter.png] <https://us-west-2.protection.sophos.com?d=twitter.com&u=aHR0cHM6Ly90d2l0dGVyLmNvbS9vbWFnMTk3Nw==&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=eURpdUlodTBwdmJNU3ZaN3Y3OVRjanlSOFRFS1ZYU20rMXBEUDlBUDg1QT0=&h=f6b5b4936b084c45bb78f4259e83d82d> [https://www.omag.org/portals/0/linkedin.png] <https://us-west-2.protection.sophos.com?d=linkedin.com&u=aHR0cDovL3d3dy5saW5rZWRpbi5jb20vY29tcGFueS9va2xhaG9tYS1tdW5pY2lwYWwtYXNzdXJhbmNlLWdyb3Vw&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=YnFTb3JkS1RHMWFrRm8rYlVUVVFOMFRrU1JMNythTGczUzB3TU84TE9KRT0=&h=f6b5b4936b084c45bb78f4259e83d82d> NOTICE: The information contained in this email and any document attached hereto is intended only for the named recipient(s). If you are not the intended recipient, nor 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 review, dissemination, distribution or copying of this transmittal or its attachments is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify me immediately by reply e-mail and then delete this message, including any attachments. From: Jon Miller <JMiller@cityofmustang.org<mailto:JMiller@cityofmustang.org>> Sent: Friday, January 28, 2022 8:28 AM To: oama (oama@lists.imla.org<mailto:oama@lists.imla.org>) <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Open Record Request City received an Open Record request for security video inside the City's gym facility. The video will likely include images of juveniles engaged in sports activities. I have a level of unease in releasing the video that includes these juveniles without obtaining parental consent. I know that generally there is no obligation to obtain consent of third parties to release information subject to production under the ORA. Has anyone addressed this issue or have thoughts they would share? 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.