SECTION 770:1-5-1. Program description, compliance standard and basis for exemptions

(a)   Section 24A.4 of Title 51 of the Oklahoma Statutes, Oklahoma Open Records Act specifically states that "in addition to other records which are kept or maintained, every public body and public official has a specific duty to keep and maintain complete records of the receipt and expenditure of any public funds reflecting all financial and business transactions relating thereto, except that such records may be disposed of as provided by law." [51 O.S.§24A.4]

(b)   The Records Disposition Schedule for the Oklahoma Department of Veterans Affairs, (a copy of the Schedule is on file in the Central Office of the Department) lists and provides authority for the disposition of all records of the Department. No record as defined by Section 24A.3 (1) of Title 51 shall be disposed of in any manner other than that authorized by said Schedule.

(c)   It is the policy of the Oklahoma Veterans Commission as the controlling board for the Oklahoma Department of Veterans Affairs that no person shall be denied access to a record of the Department and that Title 51, Chapter 1 of the Oklahoma Statutes shall be complied with in accordance with the procedures set out in the rules of this Chapter.

(d)   If any provision of this procedure or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

(e)   All records of the Oklahoma Department of Veterans Affairs shall be open to any person for inspection, copying, and/or mechanical reproduction during regular business hours with the exception of those records identified in this Subchapter. Generally, exempt records can be classified as follows:

(1)   Records specifically required by law to be kept confidential including:

(A)   records not discoverable under state law such as material prepared in anticipation of litigation or trial; or

(B)   records protected by a state evidentiary privilege such as the attorney-client and the identity of informer privileges; or

(C)   records of what transpired during meetings of a public body lawfully closed to the public such as executive sessions authorized under the Oklahoma Open Meeting Act.

(2)   Any reasonably segregable portion of a record containing exempt material shall be provided after deletion of the exempt portions.

[Source: Amended at 30 Ok Reg 1482, eff 6-27-13; Amended at 32 Ok Reg 2313, eff 9-11-15]