Sunshine Week, Open Records Act promote transparency in government

Mar. 14—Sunshine Week is the annual weeklong event that calls on people to promote easier access to public records.

The nationwide event started this year on March 12 and ends on March 18, with the News-Capital set to provide information in stories about transparency in government throughout the week.

Oklahoma's Open Records Act allows anyone to request any public record from any public body and requires those agencies to allow prompt and reasonable access to public records.

Under the Oklahoma Open Records Act, public records are defined as all documents — books, papers, photographs, microfilm, disks, records, sound or film recordings, video recordings, emails, text messages, and more — created or received by a public official or body, or their representatives, relating to public business, funds or property. Exceptions include personal financial information, computer software, certain personnel records, personal notes, and more.

Any official or employee of a public body in Oklahoma is subject to the state's Open Records Act. Public bodies include any board, office, commission or agency supported by or expending public funds, or operating public property.

Media outlets like the McAlester News-Capital request records through the Open Records Act to inform reporting like in the following examples of investigations from recent years.

—Video, reports detail January fatal police shooting

Two McAlester police officers and one Krebs officers fatally shot James Klembara earlier this year after initially responding to a welfare check at a McAlester residence.

Video the News-Capital obtained through Oklahoma Open Records Act requests shows officers told Klembara more than 30 times in less than two minutes to put down a rifle, including several times after the man fired a shot into his home's floor. Klembara continued to refuse police commands and raised the rifle before officers fatally shot him, according to body cam video the News-Capital obtained.

District 18 District Attorney Chuck Sullivan announced McAlester Police Officer Eli Copeland and Krebs Police Officer Corey Cantrell were justified in the shooting and that he would not pursue charges against them. Federal prosecutors also did not pursue charges McAlester Police Officer Joseph Barlow, the third officer involved in the shooting.

McAlester Police Chief Kevin Hearod said the MPD officers were cleared to return to duty last week.

The McAlester News-Capital requested all body camera footage and relevant reports from the McAlester Police Department and Krebs Police Department.

McAlester city officials denied the request two days later without citing a statute as per the Oklahoma Records Act, instead saying it was "due to the ongoing investigation."

"Simply saying something is under investigation, that's not an exemption or exception to the Open Records Act," said Kathryn Gardner, an Oklahoma attorney for The Reporters Committee for Freedom of the Press. "It's their obligation to provide you with a reason and citation for that."

51 O.S. §24 A.20 states open records access "shall not be denied because a public body or public official is using or has taken possession of such records for investigatory purposes or has placed the records in a litigation or investigation file."

John T. Hammons, McAlester's city attorney, said he told city officials to deny the News-Capital's records request because DA Sullivan filed a motion to quash it.

Legal representatives for the News-Capital filed a response to Sullivan's motion, stating the attempt was a "'nullity' and not a valid use of the phrase in any event" due to no ruling or charges filed in the probe.

Sullivan withdrew the motion during a Jan. 20 court hearing after learning the city denied the request.

Hammons said the records were not immediately made available because officials had to made legal redactions to the records.

The city listed the redactions it made to four videos where photos of minors were visible.

Krebs city officials had not responded to the News-Capital requests as of Monday.

—Unpaid Expo stormwater fees lead to city/county dispute

Pittsburg County commissioners refused to pay the city of McAlester's stormwater fees since the county took over possession of the Southeast Expo Center.

Records the News-Capital obtained under the state's Opens Records Act show the utility bill for the Expo Center as of Dec. 20, 2022, stood at $19,642.87.

In addition to a $1,045 stormwater fee for the month, it also included $403.97 for water usage; $191.73 for garbage; 40 cents for a recycling fee; $4.16 for a landfill fee and another $5.16, also listed as garbage.

Along with the monthly fees, the Dec. 22 bill included a "balance forward" amount of $17,992.12, which includes unpaid stormwater fees assessed to the Expo Center.

If the bill wasn't paid by Dec. 20, the bill total stood to rise to $19,807.90, according to records the News-Capital obtained.

County commissioners said the city unfairly assessed the stormwater fee to the county. City officials said they want to work with the commissioners on a resolution.

—State Auditor: More than $1.7 million missing from Hartshorne

Then-Oklahoma State Auditor and Inspector Gary Jones presented results of a forensic audit into Hartshorne City Hall finances to citizens during a town hall meeting in 2017.

The 2017 forensic audit showed that "a possible" more than $1.7 million in utility revenue collected by the city was never deposited.

"It's probably one of the worst cases of embezzlement on a city that we've seen — ever," Jones told the News-Capital at the time.

The News-Capital obtained records and reported on what appeared to be tens of thousands of dollars in personal spending using a credit card issued in the name of former City Clerk Dawn Dunkin.

Hartshorne citizens successfully petitioned for an audit of city finances by the office of the Oklahoma State Auditor and Inspector, and the FBI and Oklahoma State Bureau of Investigation opened separate investigations.

The 2017 investigatory audit by the state auditor's office showed a possible amount of $1,725,336.16 of the city of Hartshorne's utility revenues were not deposited during the combined periods of July 2009 through July 2016.

Former City Treasurer Shirley Day, former mayor Carolyn Trueblood and Dunkin were all criticized in the state auditor's report for mismanagement of city finances.

Day pleaded guilty to one count of theft concerning programs receiving federal funds "by fraud, embezzlement, and otherwise" from the city of Hartshorne, according to documents filed in the U.S. District Court of Eastern Oklahoma. Federal prosecutors announced they would seek probation and restitution totaling $160,043 against Day, but she died in August 2021 before being sentenced.

Dunkin pleaded guilty in November 2020 and admitted to stealing more than $83,000 from the city between 2013 and 2016 by use of a city-issued credit card. She was sentenced to nine months in the custody of the U.S. Bureau of Prisons and ordered to pay $80,083.35 to the city of Hartshorne before she was released.

—Investigation leads to charges against MPS officials

The McAlester News-Capital launched an investigation in 2015 into McAlester Public School finances and soon discovered some financial concerns. MPS later experienced a tumultuous fall that included the opening of an Oklahoma State Bureau of Investigation probe and the eventual suspension of its superintendent Dr. Marsha Gore — who was later fired by the school board — and her husband, plant operations director Joseph "Skip" Gore — who later resigned.

Marsha Gore eventually pleaded no contest in Pittsburg County District Court in 2016 to a misdemeanor charge of embezzlement and was ordered to pay MPS $84.63 in restitution. A second misdemeanor charge was dismissed against Gore after she pleaded to the first charge. A felony embezzlement charge was dismissed against Skip Gore after he agreed to pay $601.05 in restitution to MPS.