The Oklahoma Bar Journal October 2026

attorney general of their intent to bring suit at least 10 business days before filing the action. 45 In prac tice, this helps with efficiency by allowing the public body to rem edy the situation before the civil suit starts, which in turn avoids unnecessary strain on the court system and frivolous lawsuits. CONCLUSION Under Oklahoma law, the Open Records Act continues to advance government transparency while allowing public bodies to adopt reasonable procedures that protect record integrity and minimize disruption to essential functions. Recent statutory amendments and case law developments in Oklahoma have clarified expec tations regarding request spec ificity, fees and deposits, and administrative review options through the Office of the Attorney General’s public access counselor. When Oklahoma public bodies and requestors communicate clearly and act in good faith, the act’s transparency goals can be achieved without unnecessary expenditure of public resources. More information and helpful summaries of the ORA can be found on the Attorney Generals’ website at https://bit.ly/4ybUkXO.

A public body also has the option to ask for an advisory opinion from the PAC by having the attorney or head of the gov erning body ask for the opinion. 38 Requesting an advisory opinion would make sense if the direction on the response the public body is planning to take with the request is not clear under the open records act and it is likely a request for review would be submitted by the requestor. A public body that relies in good faith on the advice of the attorney general in respond ing to the request is not liable for penalties under the act. 39 For a request that is denied and submitted for review, the review process by the PAC only starts by the requestor submitting a request for review in writing on the complaint form found on the PAC website, along with a copy of the request for access to records and any response from the public body. 40 Next, the PAC determines if the alleged vio lation is unfounded. If it is not unfounded, the public body has seven days after notice by the PAC to respond. 41 The PAC then has 60 days to issue an advisement. 42 The public body shall take the steps necessary to comply with the ORA. 43 A public body that dis closes records in accordance with the advice of the attorney general is immune from all liabilities and penalties under the ORA. 44 For questions about the process, the PAC can be reached by emailing opengov@oag.ok.gov. Notably, if a requester elects to file a civil action rather than seek review by the Office of the Attorney General, 51 O.S. §24A.17(B), effective in 2024, requires the requester to provide written notice to the public body or public official and the

A native of El Reno, Oklahoma, Mr. Rinehart is a fourth-generation attorney and a second-generation attorney to practice in municipal law.

ENDNOTES

1. 11 O.S. §24A.2. 2. Patrick Henry, “The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them,” BrainyQuote, https://bit.ly/4xiYHPp (last visited 6/8/26). 5. Id. 6. Id. 7. Brooke v. Reed, 2025 OK 86, 581 P.3d 86. 8. Id. at ¶ 2. 9. Id. at ¶ 5. I strongly encourage readers to review the example of meta data vs the PDF picture in the case to fully understand what metadata means. 10. Id. 3. 51 O.S. §24A.5 (6). 4. 51 O.S. §24A. 3(1). 15. See 51 O.S. §24A. 5., 51 O.S. §24A. 7. 16. See 51 O.S. §24A.5 stating “All records of public bodies and public officials shall be open to any person for inspection, copying, or mechanical reproduction during regular business hours; provided.” 17. 51 O.S. §24A.5 (6). 18. Lawson v. LeFlore Cty. Det. Ctr. Pub. Tr. Sec. Comm’n, 2025 OK 87, ¶ 11, 584 P.3d 1162, 1166-67. 21. 51 Okl. St. §24A.7 , State ex rel. Okla. State Bd. of Med. Licensure & Supervision v. Rivero, 2021 OK 31 (2021). 22. See, Ross v. City of Owasso, 2020 OK CIV APP 66 (2020), Okla. Pub. Emples. Ass’n v. State ex rel. Okla. Office of Pers. Mgmt., 2011 OK 68 (2011). 23. 51 O.S. §24A. 3(5). 24. 51 Okl. St. §24A.8, 51 Okl. St. §24A.20. 27. Id. 28. Id. 29. Id. 30. Id. 31. Id. 32. See 2025 OK S.B. 535. 33. 51 O.S. §24A.5 (7). 34. Id. 35. See LegisOk, Senate Floor 3-10-2025 at 1:29 (YouTube, Mar 10, 2025) https://bit.ly/4Ain3M1. 36. 51 O.S. 24A.40. (B). 19. 51 O.S. §24A. 5.(1). 20. 51 O.S. §24A.10 (D). 25. See 11 O.S. §24A.2. 26. 51 O.S. §24A. 5(4). 11. Id. at ¶ 10. 12. Id. at ¶ 4. 13. Id. at ¶ 16. 14. Id., Id. at ¶ 22.

ABOUT THE AUTHOR

Christian Rinehart is general counsel for the Oklahoma Municipal League (OML), where he has worked since

37. Id. at (C). 38. Id. at (I). 39. Id.

40. Id. at (B). 41. Id. at (B). 42. Id. at (F). 43. Id. at (G). 44. Id. 45. 51 O.S. §24A.17(B)111.

2020. He supports OML’s legislative efforts, responds to legal inquiries from cities and towns, assists with amicus briefs, and provides training to municipal officials and attorneys.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL