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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 715 By: Floyd of the Senate
and
Lawson of the House
An Act relating to the Oklahoma Open Records A ct;
amending 51 O.S. 2021, Section 24A.7, as amended by
Section 2, Chapter 307, O.S.L. 2022 (51 O.S. Supp.
2022, Section 24A.7), which relates to
confidentiality of personnel records; requiring
certain notification for denial of access to records;
authorizing filing action upon certain denial;
authorizing certain court orders for release of
certain records; all owing award of certain costs and
fees; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.7, as
amended by Section 2, Chapter 307, O.S.L. 2 022 (51 O.S. Supp. 2022,
Section 24A.7), is amended to read as follows:
Section 24A.7. A. At the sole discretion of the public body, a
public body may keep personnel records confidential:
1. Which relate to internal personnel inv estigations including
examination and selection material for employment, hiring,
appointment, promotion, demotion, discipline or resignation; or
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2. Where disclosure would constitute a clearly unwarranted
invasion of personal privacy such as employee eval uations, payroll
deductions, employment applications submitted by persons not hired
by the public body and transcripts from insti tutions of higher
education maintained in the personnel files of certified public
school employees; provided, however, that no thing 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. If a public body determines to keep a requested record
confidential pursuant to subsection A of this section, th e public
body shall notify the requestor of such de cision. A person denied
access to records may file an action pursuant to subsection B of
Section 24A.17 of this titl e. Upon hearing, the court may order the
release of the records if the court finds that the public interest
in the records outweighs the privacy interest and shall order any
redactions necessary to protect innocent parties including but not
limited to personal identifying information. The court may award a
requesting party court costs and reasonable attorney fees if it
finds that the denial of access to the records by the public body
was unreasonable.
C. All personnel records not specifically falling wit hin the
exceptions provided in subse ction A or D E of this section shall be
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available for public inspection and copying including, but not
limited to, records of:
1. An employment application of a person who becomes a pub lic
official;
2. The gross receip ts of public funds;
3. The dates of employ ment, title or position; and
4. Any final disciplinary action resulting in loss of pay,
suspension, demotion of position or termination.
C. D. Except as may otherwise be made co nfidential by statute,
an employee of a public body shall have a right of acces s to his own
personnel file.
D. E. The home addresses, home telephone numbers, Social
Security numbers, private email addresses, and private mobile phone
numbers of current and former public employees shall not be open to
public inspection or disclosure; provided, howeve r, that nothing in
this subsection shall be construed to exempt from disclosure public
records created using a pri vate email address or private mobile
phone.
E. F. Except as otherwise required by Section 6-101.16 of Title
70 of the Oklahoma Statutes, public bodies shall keep confidential
all records created pursuant to the Oklahoma Teacher and L eader
Effectiveness Evaluation System (TLE) which identify a current or
former public employee and contain any evaluation, obs ervation or
other TLE record of such employee.
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SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
04/04/2023 - DO PASS.