Counselors:
Attached is an interesting unreported OK CIV APP case on the Open Records Act. The appellate court rejected an argument that a video taken inside a jail facility was not a "record" because it was not made "in connection with the transaction of public business, the expenditure of public funds or the administering of public property." Instead, the court held that "the very purpose of surveillance cameras is to administer the property surveilled - to create a record of what occurs at the location as many be needed for future use." The court also held that where the jail facility argued it was not a law enforcement agency before the trial court it could not reverse its position on appeal. The court also ordered that investigative records had to be provided, but noted that the jail "failed in this appeal to provide a sufficient record as to exactly what the records in question are."
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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