Empathy List Archives

oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

Re Request for Customer Information

Larry Lenora

Thu, Dec 9, 2021 12:36 AM

Larry K. Lenora

Lenora, Upton & Bridge, PLLC116 West 8th Street
P.O. Box 337
Chandler, Oklahoma, 74834
405.258.1334
larrylenora@sbcglobal.net

This communication is privileged and confidential. It is an attorney-clientcommunication and may transmit attorney work product. The information includedor attached is intended only for delivery to the individual(s) or entity(ies)named above. If you are not the intended recipient, you are hereby notifiedthat any disclosure, copying, distribution, or the taking of any action inreliance on the contents of this transmission is strictly prohibited. If youreceived this transmission in error, please immediately notify us by returnemail and immediately delete the misdirected email.

My municipality has received an Open Records request from a law firm which is asking for the "names, addresses and contact information for each and every caller corresponding with the date and time the calls were made" by any person that has called regarding sewer complaints or problems for the last two years. I am concerned that disclosure of addresses and contact information may be a violation of the rights of citizens who have called in with complaints.It appears that 51 O.S. 24A.10 (D) authorizes addresses but not phone numbers. I just want to know if I'm on the right track when responding to this request. I appreciate all of the benefit I receive from following the posts on this listserv. Larry K. Lenora Lenora, Upton & Bridge, PLLC116 West 8th Street P.O. Box 337 Chandler, Oklahoma, 74834 405.258.1334 larrylenora@sbcglobal.net This communication is privileged and confidential. It is an attorney-clientcommunication and may transmit attorney work product. The information includedor attached is intended only for delivery to the individual(s) or entity(ies)named above. If you are not the intended recipient, you are hereby notifiedthat any disclosure, copying, distribution, or the taking of any action inreliance on the contents of this transmission is strictly prohibited. If youreceived this transmission in error, please immediately notify us by returnemail and immediately delete the misdirected email.

Jon Miller

Thu, Dec 9, 2021 2:20 PM

Larry,

We have received similar requests in the past. Seems that once the law firm decided that the city would not be fertile ground for obtaining clients to bring claims against the city the requests stopped.

You are on the right track in your analysis. 51 O.S. § 24A.10(D) supports keeping telephone numbers confidential. The requesting party could argue that subsection is intended to provide confidentiality only for utility billing records and that the request is for complaints and not utility records. However, the request asks for telephone numbers and is not limited to telephone numbers that appear solely in a complaint (as opposed to being in the utility record).

51 O.S. § 24A.14 does allow a public official to keep confidential the content of personal communications received by the public official from a person exercising constitutional rights of free speech. However, I don’t think this provision would create a privacy right for complaints to city staff about sewer issues.

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: Larry Lenora larrylenora@sbcglobal.net
Sent: Wednesday, December 8, 2021 6:36 PM
To: oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Re Request for Customer Information

I am concerned that disclosure of addresses and contact information may be a violation of the rights of citizens who have called in with complaints.It appears that 51 O.S. 24A.10 (D) authorizes addresses but not phone numbers. I just want to know if I'm on the right track when responding to this request.

I appreciate all of the benefit I receive from following the posts on this listserv.

Larry K. Lenora
Lenora, Upton & Bridge, PLLC
116 West 8th Street
P.O. Box 337
Chandler, Oklahoma, 74834
405.258.1334
larrylenora@sbcglobal.net mailto:larrylenora@sbcglobal.net

This communication is privileged and confidential. It is an attorney-client communication and may transmit attorney work product. The information included or attached is intended only for delivery to the individual(s) or entity(ies) named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you received this transmission in error, please immediately notify us by return email and immediately delete the misdirected email.

Larry, We have received similar requests in the past. Seems that once the law firm decided that the city would not be fertile ground for obtaining clients to bring claims against the city the requests stopped. You are on the right track in your analysis. 51 O.S. § 24A.10(D) supports keeping telephone numbers confidential. The requesting party could argue that subsection is intended to provide confidentiality only for utility billing records and that the request is for complaints and not utility records. However, the request asks for telephone numbers and is not limited to telephone numbers that appear solely in a complaint (as opposed to being in the utility record). 51 O.S. § 24A.14 does allow a public official to keep confidential the content of personal communications received by the public official from a person exercising constitutional rights of free speech. However, I don’t think this provision would create a privacy right for complaints to city staff about sewer issues. 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: Larry Lenora <larrylenora@sbcglobal.net> Sent: Wednesday, December 8, 2021 6:36 PM To: oama@lists.imla.org Subject: [CAUTION: SUSPECT SENDER] [Oama] Re Request for Customer Information My municipality has received an Open Records request from a law firm which is asking for the "names, addresses and contact information for each and every caller corresponding with the date and time the calls were made" by any person that has called regarding sewer complaints or problems for the last two years. I am concerned that disclosure of addresses and contact information may be a violation of the rights of citizens who have called in with complaints.It appears that 51 O.S. 24A.10 (D) authorizes addresses but not phone numbers. I just want to know if I'm on the right track when responding to this request. I appreciate all of the benefit I receive from following the posts on this listserv. Larry K. Lenora Lenora, Upton & Bridge, PLLC 116 West 8th Street P.O. Box 337 Chandler, Oklahoma, 74834 405.258.1334 larrylenora@sbcglobal.net<mailto:larrylenora@sbcglobal.net> This communication is privileged and confidential. It is an attorney-client communication and may transmit attorney work product. The information included or attached is intended only for delivery to the individual(s) or entity(ies) named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you received this transmission in error, please immediately notify us by return email and immediately delete the misdirected email.