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SENATE FLOOR VERSION
March 23, 2021
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1876 By: West (Tammy), Rosecrants
and Osburn of the House
and
Stanley of the Senate
An Act relating to open records; amending 51 O.S.
2011, Section 24A.7, as amen ded by Section 1, Chapter
130, O.S.L. 2014 (51 O.S. Supp. 2020, Section 24A.7),
which relates to personnel records; exempting certain
personal information of public employees from
mandatory disclosure; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 24A.7, as
amended by Section 1, Chapter 130, O.S.L. 2014 (51 O.S. Supp. 2020,
Section 24A.7), is amended to read as follows:
Section 24A.7 A. A public body may keep personnel records
confidential:
1. Which relate to internal personnel investigations including
examination and selection material for employment, hiring,
appointment, promotion, demotion, discipline, or resignation; or
2. Where disclosure would constitute a clearly unwarranted
invasion of personal privacy such as employee evaluations, payroll
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deductions, employment applications submitted by persons not hired
by the public body, and transcripts from institutions of higher
education maintained in the personnel files of certified public
school employees; provided, however, that nothing in this subsection
shall be construed to exempt from disclosure the degree obtained and
the curriculum on the transcripts of certified public school
employees.
B. All personnel records not specifically falling within the
exceptions provided in subsection A or D of this section shall be
available for public inspection and copying including, but not
limited to, records of:
1. An employment application of a p erson who becomes a public
official;
2. The gross receipts of pub lic funds;
3. The dates of employment, title or position; and
4. Any final disciplinary action resulting in loss of pay,
suspension, demotion of position, or termination.
C. Except as may otherwise be made confidential by statute, an
employee of a public body shall have a right of access to his own
personnel file.
D. Public bodies shall keep confidential the The home address,
addresses, home telephone numbers and social security, Social
Security numbers of any person employed or formerly employed by the
public body, private email addresses and private mobile phone
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numbers of current and former public employees shall not be open to
public inspection or disclosure; provided, however, that n othing in
this subsection shall be construed to exempt from disclo sure public
records created using a private email address or private mobile
phone.
E. Except as otherwise required by Section 6 -101.16 of Title 70
of the Oklahoma Statutes, public bodies sh all keep confidential all
records created pursuant to the Oklahoma Teacher and Leader
Effectiveness Evaluation System (TLE) which identify a current or
former public employee and contain any evaluation, observation or
other TLE record of such employee.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by r eason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 23, 2021 - DO PASS AS AMENDED