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IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA FILED IN THE DISTRICT COURTOKLAHOMA COUNTY, OKLA.
OKLAHOMA PUBLIC EMPLOYEESSEP 21 2010
ASSOCIATION,PATRICIA PRESLEY, COURT CLERK
Plaintiff, by DEPUTY
VS. CJ-2010-2623
STATE OF OKLAHOMA, ex rel.,
OKLAHOMA OFFICE OF PERSONNEL
MANAGEMENT,
Defendant. Consolidated with
OKLAHOMA PUBLIC EMPLOYEES
ASSOCIATION,
VS. CJ-2010-5186
STATE OF OKLAHOMA, ex rel.,
OKLAHOMA OFFICE OF STATE
FINANCE,
Defendant.
JOURNAL ENTRY OF JUDGMENT
ORDER GRANTING SUMMARY JUDGMENT
NOW on this 21' day of September, 2010, the Court, having
reviewed the following Motions for Summary Judgment:
1.) Intervening Defendant Oklahoma Publishing Company (OPUBCO)
filed on July 8, 2010;
2.) Defendants Office of Personnel Management (OPM) and Office of
State Finance (OSF) filed on August 13, 2010;
3.) Intervening Plaintiff Nancy Pellow filed on August 13. 2010;
4.) Plaintiff Oklahoma Public Employees Association (OPEA) filed on
August 13, 2010; and
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5.) Intervening Defendant World Publishing Company (Tulsa World)
filed on September 16, 2010,
and all of the Responses, Objections, and Replies thereto, including the
Response of the Intervening Plaintiffs The Oklahoma State Troopers
Association and the Oklahoma Department of Public Safety filed on September
10, 2010 and the Amicus Briefs of CompSource Oklahoma filed on August 20,
2010, and Local TV, LLC, et al filed on August 20, 2010.
The Court, being fully advised in the premises, finds that said Motions
can be decided without a hearing pursuant to District Court Rule 4(h) and can
be decided upon the extensive Motions and briefs filed herein.
The Court finds as follows:
1. All parties to this case have standing to be parties in this consolidated
action.
2. The Defendants OPM and OSF have access to the public records that
are the subject of the Open Records Act Request by OPUBCO and the Tulsa
World.
3. There are no material facts in controversy and Summary Judgment is
appropriate in this matter.
4. The Motion for Summary Judgment filed by the Defendants OPM and
OSF is sustained. The Court specifically rules that:
a.) Employee Identification Numbers are not subject to disclosure
by any state agency;
b.) As to the dates of birth of State employees, the Attorney
General Opinion, 2009 OK AG 33, correctly states the law on
this subject as set forth in the first subparagraph of
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Paragraph 31. The balancing test for the public body to
determine if the date of birth for the employee is an
"unwarranted invasion of [the] personal privacy" of the
employee is properly set out by the Attorney General in this
opinion. The employing agency shall make the determination
of whether this is an unwarranted invasion of the personal
privacy of the employee without notice and hearing to the
employee. City of Lawton v. Moore, 1993 OK 168. There is no
right to notice and hearing for the employee under the Open
Records Act. 51 O.S. 24A.7(A)(2); and
c.) The Equal Protection challenge to the Attorney General's
balancing test is denied as this is governed by the rational basis
test and a rational basis exists for the agency heads to exercise
this test over their employees.
5. The Motion for Summary Judgment by Intervening Plaintiff Nancy
Pellow is sustained to the extent that the Open Records Act excludes from
disclosure the records, including personnel records, of Legislative staff. These
records cannot be disclosed under any circumstances. 51 O.S. 24A.3(2). The
remainder of her Motion is sustained in part to the extent that it is consistent
with this Order and denied in part to the extent that it is inconsistent with this
Order.
6. The Motions of the Intervening Defendants OPUBCO and Tulsa World
are denied.
7. The Motion of Plaintiff is sustained in part to the extent that it is
consistent with this Order and denied in part to the extent that it is inconsistent
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with this Order.
8. Summary Judgment is granted as to the claims made by Intervening
Plaintiffs the Oklahoma State Troopers Association and the Oklahoma
Department of Public Safety in accord with the rulings made in this Order.
9. The Court reserves the ruling on costs and attorney's fees, if any, upon
a hearing on a timely and properly filed motion.
IT IS THEREFORE ORDERED by the Court that the Defendants OPM
and OSF's Motion for Summary Judgment is sustained and the other Motions
for Summary Judgment are sustained in part, denied in part or denied in full as
stated hereinabove.
IT IS FURTHER ORDERED by the Court that Defendants OPM and OSF
are enjoined from:
1.) Disclosing the Employee Identification Number of any state
employee; and
2.) Disclosing any records and personnel records concerning Legislative
staff.
IT IS FURTHER ORDERED by the Court that Defendants OPM and OSF
shall follow the procedure set out in Attorney General Opinion, 2009 OK AG 33,
for the employing agency to make the determination as to the disclosure of the
dates of birth of state employees, excluding Legislative staff. The employing
agencies shall not give notice or conduct a hearing as to individual employees
on the issue of whether this is an unwarranted invasion of personal privacy.
State agencies shall have 60 days from the date of this Order to report their
decision as to the disclosure or nondisclosure of their employees' dates of birth
to Defendants OPM and OSF. After 60 days, Defendants OPM and OSF shall
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Deputy Court lerk
disclose to Intervening Defendants OPUBCO and the Tulsa World the dates of
birth of employees whose employing agencies have not prohibited the
disclosure of this information.
Certificate of Mailing
This is to certify that on the 21st day of September, 2010, a copy of this
Order was mailed by the Court Clerk to the following:
Gregory Metcalfe
Assistant Attorney General
Attorney General's Office
Litigation Division
313 N.E. 21 stStreetOklahoma City, OK 73105
Kevin Donelson
100 N. Broadway Ave., Ste. 1700
Oklahoma City, OK 73102-8805
Nancy Pellow
P.O. Box 21524Oklahoma City, OK 73156-1524
WelIon Poe
General Counsel
Department of Public Safety
P.O. Box 11415
Oklahoma City, OK 73136-0415
Michael Minnis
201 Robert S. Kerr, Ste. 700
Oklahoma City, OK 73102-4203
Robert D. Nelon
Chase Tower, Ste. 2900
100 N. Broadway
Oklahoma City, OK 73102-8865
Gary James
P.O. Box 2443Oklahoma City, OK 73101-2443
Thomas Prince
P.O. Box 2911
Edmond, OK 73083-2911
J. Schaad Titus
15 E. Fifth Street, Ste. 3700
Tulsa, OK 74103
I, PATRICIA PRESLEY, Court Clerk for OklahomaCounty, Okla., hereby certify that The foregoirg is atrue, correct and complete cony of no instru -mr4ntherewith set out as ap ears o( record in the Dis?rttCourt Clerk's Office
o Oki oma County, Okla.,this f;121._day of
PATRI* A PRI
Y, Court Clerkx/.11/11