Empathy List Archives

TN

Teresa Nowlin

Tue, Sep 5, 2023 2:00 PM

We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants' addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren't hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open.

Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants' addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren't hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open. Teresa Nowlin | City Attorney City of Jenks 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

RK

Rick Knighton

Tue, Sep 5, 2023 2:10 PM

Under 51 O.S. § 24A.7(A)(2), a public body has discretion to keep employment applications submitted by persons not hired by the public body confidential:

A. At the sole discretion of the public body, a public body may keep personnel records confidential:

             Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body....

Because the applicants are "persons not hired by the public body," the municipality has discretion to keep their application confidential. Moreover, I am not aware of any authority which holds that a municipality waives its discretion under § 24A.7(A)(2) by making some information from employments applications submitted by persons not hired by the public body available for inspection and copying.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Teresa Nowlin via Oama oama@lists.imla.org
Sent: Tuesday, September 05, 2023 9:01 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Quick Open Records Act Question

We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants' addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren't hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open.

Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

Under 51 O.S. § 24A.7(A)(2), a public body has discretion to keep employment applications submitted by persons not hired by the public body confidential: A. At the sole discretion of the public body, a public body may keep personnel records confidential: * * * 1. 2. Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body.... Because the applicants are "persons not hired by the public body," the municipality has discretion to keep their application confidential. Moreover, I am not aware of any authority which holds that a municipality waives its discretion under § 24A.7(A)(2) by making some information from employments applications submitted by persons not hired by the public body available for inspection and copying. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Teresa Nowlin via Oama <oama@lists.imla.org> Sent: Tuesday, September 05, 2023 9:01 AM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Quick Open Records Act Question We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants' addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren't hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open. Teresa Nowlin | City Attorney City of Jenks 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office

KS

Kimberlee Spady

Tue, Sep 5, 2023 5:54 PM

Do most municipalities consider governing body members to be employees? I have always advised that they are not (for the purposes of open meeting/executive session). I therefore would not have considered that the application for a governing body position is an “employment application.”

Also, it seems reasonable for a citizen to want to confirm that the potential member resides within the municipality and the appropriate ward, if applicable. . . .

Kim Spady

On Sep 5, 2023, at 9:10 AM, Rick Knighton via Oama oama@lists.imla.org wrote:

Under 51 O.S. § 24A.7(A)(2), a public body has discretion to keep employment applications submitted by persons not hired by the public body confidential:

A. At the sole discretion of the public body, a public body may keep personnel records confidential:

             Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body….

Because the applicants are “persons not hired by the public body,” the municipality has discretion to keep their application confidential. Moreover, I am not aware of any authority which holds that a municipality waives its discretion under § 24A.7(A)(2) by making some information from employments applications submitted by persons not hired by the public body available for inspection and copying.

This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Teresa Nowlin via Oama oama@lists.imla.org
Sent: Tuesday, September 05, 2023 9:01 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Quick Open Records Act Question

We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants’ addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren’t hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open.

Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

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Do most municipalities consider governing body members to be employees? I have always advised that they are not (for the purposes of open meeting/executive session). I therefore would not have considered that the application for a governing body position is an “employment application.” Also, it seems reasonable for a citizen to want to confirm that the potential member resides within the municipality and the appropriate ward, if applicable. . . . Kim Spady On Sep 5, 2023, at 9:10 AM, Rick Knighton via Oama <oama@lists.imla.org> wrote: Under 51 O.S. § 24A.7(A)(2), a public body has discretion to keep employment applications submitted by persons not hired by the public body confidential: A. At the sole discretion of the public body, a public body may keep personnel records confidential: * * * 1. 2. Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body…. Because the applicants are “persons not hired by the public body,” the municipality has discretion to keep their application confidential. Moreover, I am not aware of any authority which holds that a municipality waives its discretion under § 24A.7(A)(2) by making some information from employments applications submitted by persons not hired by the public body available for inspection and copying. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Teresa Nowlin via Oama <oama@lists.imla.org> Sent: Tuesday, September 05, 2023 9:01 AM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Quick Open Records Act Question We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants’ addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren’t hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open. Teresa Nowlin | City Attorney City of Jenks 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org

RV

Raymond Vincent

Wed, Sep 6, 2023 4:25 PM

I would be willing to be the requester wants to know if the applicant actually lives in the precinct they are applying for. That ajppears to me to be a valid concern.
Ray

Sent from Mail for Windows

From: Rick Knighton via Oama
Sent: Tuesday, September 5, 2023 9:10 AM
To: 'Teresa Nowlin'
Cc: oama@lists.imla.org
Subject: [Oama] Re: Quick Open Records Act Question

Under 51 O.S. § 24A.7(A)(2), a public body has discretion to keep employment applications submitted by persons not hired by the public body confidential:

A. At the sole discretion of the public body, a public body may keep personnel records confidential:

* *

Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body….

Because the applicants are “persons not hired by the public body,” the municipality has discretion to keep their application confidential. Moreover, I am not aware of any authority which holds that a municipality waives its discretion under § 24A.7(A)(2) by making some information from employments applications submitted by persons not hired by the public body available for inspection and copying.

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
 405.217.7700 |  405.366.5425 | rick.knighton@normanok.gov |  www.normanok.gov

This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Teresa Nowlin via Oama oama@lists.imla.org
Sent: Tuesday, September 05, 2023 9:01 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Quick Open Records Act Question

We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants’ addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren’t hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open.

Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

I would be willing to be the requester wants to know if the applicant actually lives in the precinct they are applying for. That ajppears to me to be a valid concern. Ray Sent from Mail for Windows From: Rick Knighton via Oama Sent: Tuesday, September 5, 2023 9:10 AM To: 'Teresa Nowlin' Cc: oama@lists.imla.org Subject: [Oama] Re: Quick Open Records Act Question Under 51 O.S. § 24A.7(A)(2), a public body has discretion to keep employment applications submitted by persons not hired by the public body confidential: A. At the sole discretion of the public body, a public body may keep personnel records confidential: * * * 1. 2. Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body…. Because the applicants are “persons not hired by the public body,” the municipality has discretion to keep their application confidential. Moreover, I am not aware of any authority which holds that a municipality waives its discretion under § 24A.7(A)(2) by making some information from employments applications submitted by persons not hired by the public body available for inspection and copying. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070  405.217.7700 |  405.366.5425 | rick.knighton@normanok.gov |  www.normanok.gov This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Teresa Nowlin via Oama <oama@lists.imla.org> Sent: Tuesday, September 05, 2023 9:01 AM To: oama@lists.imla.org Subject: EXTERNAL EMAIL : [Oama] Quick Open Records Act Question We have a City Council vacancy and have received applications to fill that spot. Before publishing the applications as backup on the Council agenda, the City Clerk redacted personal contact info for the applicants (address, phone number, personal email address) but left where they filled in their precinct number. Now a citizen has asked for the applicants’ addresses. Any thoughts on whether we are obligated to release unredacted copies of the applications under the ORA? I know for employees we can keep addresses confidential and for applicants for city employment that aren’t hired, we can keep their applications confidential. But also, there is the provision that information voluntarily supplied to a state agency is open. Teresa Nowlin | City Attorney City of Jenks 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office