SECTION 455:10-1-5. Review of Commission records

(a)   Generally. The Commission supports the public's right to know and be informed about their government. This right must be balanced with the rights of individuals to have adequate protection from clearly unwarranted invasions of personal privacy and assaults on their integrity. Records maintained by the Commission may be inspected and copied during normal business hours in accordance with state and federal laws and the rules in this chapter. Any person wishing to inspect, copy or reproduce records under the control of the Commission shall complete the Commission's Request for Access to Records form. Sufficient advanced notice shall be given so the essential functions of the Commission shall not be severely disrupted. Appointments are preferred.

(b)   Confidential records. Access to confidential records shall be limited to officers and employees of state or federal government acting in their official capacities. The extent of access may be limited as determined to be appropriate by the Executive Director.

(1)   The following Commission records shall be confidential:

(A)   records which relate to internal personnel investigations, including examination and selection for employment, hiring, appointment, promotion, demotion, discipline or resignation. [51:24A.7(A)(1)].

(B)   records received from the federal government or records generated or gathered as a result of federal legislation may be kept confidential to the extent required by law.

(C)   records specifically required by law to be kept confidential, including records not discoverable under state law, such as material prepared in anticipation of lawsuit or trial, records protected by a state evidentiary privilege, [51:24A.5(1)(a)], records of what happened during executive session. [51:24A.5(1)(b)].

(D)   other records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, such as employee evaluations, payroll deductions or employment applications of persons not hired. [51:24A.7(A)(2)].

(E)   state employee home addresses, home telephone numbers, social security numbers, and information related to personal electronic communication devices of current and former state employees shall not be open to public inspection or disclosure without written permission from the current or former state employees or without an order from a court of competent jurisdiction. [74:840-2.11].

(F)   see OAC 455:10-7-6 for access to Commission investigative files.

(2)   The Executive Director may keep records confidential that are specifically permitted by law to be kept confidential.

(c)   Public records. All personnel records that are not confidential shall be available for public inspection and copying. Any employee of the state of Oklahoma shall have a right of access to his or her own records on file with the Commission unless a law prohibits it. Public records include, but are not limited to, records of:

(1)   employment application of a person who becomes a state official or employee; [51:24A.7(B)(1)]

(2)   gross receipts of public funds; [51:24A.7(B)(2)]

(3)   dates of employment, title or position; [51:24A.7(B)(3)]

(4)   final disciplinary action resulting in loss of pay, suspension, demotion or discharge. [51:24A.7(B)(4)].

(d)   Appeal records. The records of an active appeal shall be open to inspection only by a party to the appeal or the party's designated representative. The records of an inactive appeal shall be open to inspection in accordance with the Oklahoma Open Records Act and these rules.

(e)   Fees. The Commission shall charge a reasonable fee for copies of Commission records, including a reasonable search fee to recover the direct costs of document searches if the request is solely for commercial purposes [51:24A.5(3)(a)] or clearly would cause excessive disruption of the Commission's essential functions. [51:24A.5(3)(b)].

[Source: Amended at 13 Ok Reg 3025, eff 7-15-96; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency); Amended at 26 Ok Reg 2690, eff 7-25-09; Amended at 33 Ok Reg 1756, eff 9-11-16]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-15-96, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.