FILED IN DISTRICT COURT IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA FEB '7 2017 Center for Media and Democracy, a RICK WARREN Wisconsin corporation, 4 COURT CLERK 3 Plaintiff, v. Case No. Scott Pruitt, in his of?cial capacity as . 2 2 3 Attorney General of the State of Phi sw- 2017 Oklahoma, Defendant. PETITION FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE OKLAHOMA OPEN RECORDS ACT AND FOR INJUNCTIVE RELIEF AGAINST DESTRUCTION OF RECORDS The plaintiff, Center for Media and Democracy pursuant to OKLA. STAT. tit. 51, hereby petitions this Court to temporarily and permanently enjoin the defendant, public of?cial Scott Pruitt, the Attorney General of Oklahoma, as well as his agents (?Pruitt? or the from continuing to deny access to specific requested public records in violation of the Oklahoma Open Records Act, OKLA. STAT. tit. 51, et seq. The plaintiff further petitions this Court to restrain and enjoin Pruitt and his agents from destroying any documents relevant to the plaintiff?s ORA requests until such time as the issues herein are fully resolved. In support of its petition, the plaintiff alleges and states the following: PARTIES l. CMD is a corporation organized under the laws of the State of Wisconsin and maintaining its principal place of business in Madison, Wisconsin. It is a nonpartisan, nonpro?t media watchdog group that conducts in?depth investigations into the in?uence of corporations in American democracy. The ?ndings of investigative journalism are used and cited regularly by leading print and broadcast media across the country, and appear on the organization?s own websites. 2. Nick Surgey is Director of Research and is duly authorized to act on behalf of the organization. 3. CMD and its agents and employees are persons within the meaning of the ORA, and therefore are entitled to inspect public records. 4. Pruitt is an elected public of?cial subject to the requirements of the ORA. The of?ce of the Attorney General of Oklahoma is located in Oklahoma County, Oklahoma. The records maintained by the AG and subject to the ORA can be accessed in Oklahoma County, Oklahoma. RELEVANT FACTS 5. Between January 2015 and October 2016, CMD ?led seven ORA requests for public documents within the custody, control, or possession of Pruitt and subject to the ORA. CMD ?led two additional requests in January 2017. All of the requests pertain to important policy matters of substantial interest to the public. 6. As of the date of this ?ling, Pruitt has failed to produce or allow inspection of any of the records requested by the Plaintiff. 7. Nick Surgey, Research Director for CMD, ?led an ORA request with Pruitt on January 5, 2015. A copy of the request is attached as Exhibit 1. 8. CMD has made multiple inquiries concerning the status the January 2015 records request over the past two years and has received correspondence each time saying Pruitt?s of?ce is working on it, with no commitment to a release date. Those communications are attached as Exhibits 2 through 5. 9. The general counsel, Sarah Greenwalt, sent a letter to CMD on January 17, 2 2017 in response to inquiry about the status of the January 5, 2015 ORA request. That letter stated that there were more than 3,000 responsive documents under review, but again said that unfortunately do not have an expected response date to give to you at this time.? Greenwalt?s letter is attached as Exhibit 6. 10. CMD ?led an ORA request with Pruitt on November 03, 2015. The request is attached as Exhibit 7. CMD did not receive an acknowledgement from Pruitt or the of?ce related to the November 03, 2015 request, and has not received or been provided access to any of the records requested. 11. CMD ?led an ORA request with Pruitt on February 10, 2016. The request is attached as Exhibit 8. CMD received an acknowledgement on February 11, 2016, attached as Exhibit 9, but has not received or been provided access to any of the records requested. 12. CMD ?led an ORA request with Pruitt on April 27, 2016. The request is attached as Exhibit 10. CMD did not receive an acknowledgement from Pruitt or the of?ce related to the April 27, 2016 request, and has not received or been provided access to any of the records requested. 13. CMD ?led an ORA request with Pruitt on July 12, 2016. The request is attached as Exhibit 11. CMD did not receive an acknowledgement from Pruitt or the of?ce related to the July 12, 2016 request, and has not received or been provided access to any of the records requested. 14. CMD ?led an ORA request with Pruitt on August 4, 2016. The request is attached as Exhibit 12. CMD did not receive an acknowledgement from Pruitt or the of?ce related to the August 4, 2016 request, and has not received or been provided access to any of the records requested. 15. CMD ?led an ORA request with Pruitt on October 18, 2016. The request is attached as Exhibit 13. CMD received an acknowledgement on October 21, 2016, attached as Exhibit 14, but has not received or been provided access to any of the records requested. 16. CMD ?led two ORA requests with Pruitt on January 2, 2017. The requests are attached as Exhibits 15 and 16. CMD received acknowledgements on January 5, 2017, attached as Exhibits 17 and 18, but has not received or been provided access to any of the records requested. 17. In her January 17, 2017 letter (see Exhibit 6), Ms. Greenwalt stated that the Attorney General?s of?ce processes open records requests ?in the order in which they are received,? and that Mr. Surgey?s request ?is second from the top.? 18. On information and belief, the system used by the AG causes a request (unless identical or substantially the same as a previous request) not to be processed or complied with until after all previously received requests have been completed. 19. CMD received an email from Karen Bray in Pruitt?s of?ce on September 23, 2016 (see Exhibit 3) indicating that, ?The ?rst reviewer has gone through the documents. It still needs to go through two more reviewers.? 20. On information and belief, Pruitt employs procedures in responding to ORA requests that require unnecessary actions designed to, and with the actual effect of, severely delaying production of public records sought under the ORA. CAUSE OF ACTION AND PRAYER FOR RELIEF 21. The ORA expresses ?the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government.? See ORA Pursuant to this public policy, the stated purpose of the ORA Act ?is to ensure and facilitate the public?s right of access to and review of government records so they may ef?ciently and intelligently exercise their inherent political power.? Id. 4 22. To effect these purposes, ORA mandates that ?[a]ll records of public bodies and public of?cials shall be open to any person for inspection, copying, or mechanical reproduction. . . As such, it imposes an af?rmative and legally cognizable duty on Pruitt to allow public access to the records within his custody, control, or possession. 23. ORA mandates that a public body or an of?cial such as Pruitt ?must provide prompt, reasonable access to its records.? 24. As of the time of ?ling this complaint, Pruitt has denied prompt, reasonable access to records requested by CMD on seven (7) occasions since January 2015. CMD has not been received a single public record from the of?ce in over two years. 25. The denial of access to records for a period in excess of twenty-four (24) months is per se neither ?prompt? nor ?reasonable.? The average response time to receive records in response to a public records request in Oklahoma is sixty-eight (68) days, which is one of the slowest response times of all the states in the country, according the journalism resource MuckRock. See Exhibit 19. Almost all of requests have been pending for far longer than two (2) months, and CMD has not received any access to public records, let alone ?reasonable access? to such records. 26. Pursuant to ORA CMD requests declaratory relief in the form of an order declaring that Pruitt has violated the ORA by failing to provide prompt and reasonable access to public documents, and injunctive relief in the form of an order for the immediate release of all records responsive to ORA requests. CMD requests prompt in camera review of all potentially responsive documents for which any exemption from public disclosure is claimed. 27. CMD further requests preliminary injunctive relief to prevent Pruitt from destroying any records relevant to ORA requests, notwithstanding any retention schedules promulgated by Archives and Records Commission under the Records Management Act. See OKLA. STAT. tit. 67, ??201, et seq. 28. By separate motion, CMD requests that Pruitt be temporarily restrained from any destruction of the requested records, particularly in light of Pruitt?s nomination to be Administrator of the Environmental Protection Agency. Pruitt has stated to United States Senators who are considering his quali?cations for that position, and who asked for copies of the records requested by CMD, that they should ?le open records requests for the documents. 29. Pruitt?s failure to provide prompt or reasonable access to the records requested?in some cases for more than twenty-four (24) months, more than half of the Attorney General?s statutory term of of?ce?should not allow Pruitt to evade disclosure of requested records by disposing of records that existed at the time that ORA requests were ?led, regardless of any state document retention policy, practice, or schedule. Destruction of records requested by CMD would irreparably harm and the public?s right to access the requested documents. 30. CMD prays that the Court temporarily restrain and preliminarily enjoin the destruction of any potentially relevant documents responsive to various ORA requests until after the conclusion of this action, or any related litigation pertaining to the adequacy of Pruitt?s responses to the plaintiff?s ORA requests. 31. CMD further prays that the Court award CMD its reasonable attorneys? fees in this action, as CMD is entitled to attorneys? fees upon successful determination of the action on the merits under ORA Of Counsel: Am H. Pearson, Maine Bar #008166 General Counsel Center for Media and Democracy 122 West Washington Avenue, Suite 555 Madison, WI 53703 Telephone (202) 272?2886 Respectfully submitted, Robert D. Nelon, OBA #6610 Blake Lawrence, OBA #30620 HALL, ESTILL, HARDWICK, GABLE, GOLDEN NELSON, RC. 100 North Broadway, Suite 2900 Oklahoma City, OK 73102-8865 Telephone (405) 553?2828 Facsimile (405) 553?2855 and Brady R. Henderson, OBA #21212 Ryan Kiesel, OBA #21254 ACLU of Oklahoma Foundation 3000 Paseo Drive Oklahoma City, OK 73103 Telephone (405) 524?8511 Facsimile (405) 524?2296 ATTORNEYS FOR PLAINTIFF, CENTER FOR MEDIA AND DEMOCRACY VERIFICATION COUNTY OF M: STATE OF MASSACHUSETTS I, Am H. Pearson, of lawful age, having been ?rst duly sworn, upon oath state as follows: 1. I am General Counsel and Policy Advisor for the plaintiff, Center for Media and Democracy. As such I have personal knowledge of the facts alleged in the Petition. 2. I have read the Petition, and am familiar with its allegations. 3. All of the facts alleged therein are true and correct to the be my knowledge. Am H. Pearson Sworn to before me this7? day of February, 2017. Notary Public ANDREW WEST Notary Public . - Massachusetts .365121-1399914?00014 ., Commission Expires Mat 4. 2022 The Center for Media and Democracy Transformative Investigations PRWatch - SourceWatch - ALECexposed - KochExposed Oklahoma Attorney General?s Office 313 NE 21st Street Oklahoma City, OK 73105 January 5, 2015 Office of the Oklahoma Attorney General, Scott Pruitt: Pursuant to the Oklahoma Open Records Act Title 51, Section 24A.1-24A.29, we request access to the following records: A copy of all email records, including any email attachments, that were sent to, received from, or otherwise pertain to any representative of the following listed organizations. For the purposes of aiding in a search for these communications, email domains (where known) are listed below. Peabody Energy - @peabodyenergy.com Arch Coal, Inc. - @archcoal.com Murray Energy Corporation - @coalsource.com National Coal Corporation @nationalcoal.com American Coalition for Clean Coal Electricity (or - @cleancoalusa.com 6. American Coal Council - @americancoalcounci .org 7. National Mining Association - nma.org 8 9 Union Pacific Railroad @up.com . BNSF Railway - @bnsf.com 10. Edison Electric Institute - @eei.org 11. Devon Energy - @dvn.com 12. Norfolk Southern Corporation - @nscorp.com 13.American Electric Power - @aep.com 14. Koch Industries - @kochind.com and @kochps.com and @kochsec.com 15.Americans for Prosperity @afphq.org and americansforprosperity.org 16.The American Legislative Exchange Council (or - @alec.org 17.The Jeffersonian Project Not known 18.American Petroleum Institute @api.org 19. Consumer Energy Alliance @consumerenmyalliance.org 20. HBW Resources - @hbwresources.com 21. Oklahoma Council of Public Affairs - @ocpathink.org 22.GOPAC @gogac.org 23. Freedom Partners - and @aforai_.grg Exhibit 1 24. Natural Resources Group - rginc.com and and @gregwalcher.corr1 25.American Fuel Petrochemical Manufacturers - 26. Hunton Williams - @hunton.com 27. Sargent Lundy - @ggentlundy?om 28. Porter, Wright, Morris Arthur @porterwright.com 29.Troutman Sanders LLP @troutmansanders.com The scope of this request includes Attorney General Scott Pruitt and any executive staff of the AG, and the following persons: - Director of Communications and other communications staff - Director of Public Affairs and other public affairs staff - Chief of Staff - First Assistant Attorney General. The search may be restricted to records sent or received by any method between January 1, 2013 and the date of your response being completed. The Center for Media and Democracy is a non-profit reporting organization, and the disclosure of the materials requested here would be in the public interest, providing insight into the workings of government. As such a waiver of any and all fees is requested. If the waiver is not granted, we agree to pay any reasonable copying and postage fees of not more than $25. If the cost would be greater than this amount, please notify us in advance. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. Where possible, please provide these materials electronically, either by email or on cd/dvd. If you have any questions, please do not hesitate to contact me by email at Thank you for your assistance. Sincerely, Nick Surgey Director of Research The Center for Media Democracy PO Box 259010 Madison, W153725-9010 . I I I Jamie Corey 13'? Follow-up to CMD's Public Records Request Karen Bray Wed, Aug 24, 2016 at 2:19 PM To: Jamie Corey Ms. Corey, I did receive the email from Nick Surgey letting us know it was okay to speak to you about his request. However, I am sorry I did not respond immediately. I was waiting to hear from you again to see if you still wanted a follow-up on his request. As his request goes, I have gathered all of the material, and I am now going thru all of it. All of the documents that came from the search have been over 3000 documents. I am now going through all of them to see what pertains to his request. I cannot give you a time line when this review will be done as it is very time consuming. Thank you for your consideration. Karen Bray From: Jamie Corey Sent: Wednesday, August 24, 2016 1:50 PM To: Karen Bray; Karen Bray Cc: Nick Surgey; Cara Rodriguez Subject: Re: Follow-up to CMD's Public Records Request [Quoted text hidden] Exhibit 2 . I I Jamie Corey Asmk? Follow-up to CMD's Public Records Request Karen Bray Fri, Sep 23, 2016 at 8:42 AM To: Jamie Corey The ?rst reviewer has gone through the documents. It still needs to go through two more reviewers. One of our problems is we have to do our other work as we go through them. As you can imagine this is all very tedious. I am afraid i cannot give you a timeline. We are working as quickly as possible. Thank you for your consideration. From: Jamie Corey Sent: Friday, September 23, 2016 8:25 AM To: Karen Bray [Quoted text hidden] [Quoted text hidden] Exhibit 3 ll I Jamie Corey Follow-up to CMD's Public Records Request Sarah Greenwalt Fri, Dec 9, 2016 at 4:14 PM To: Cara Rodriguez Cc: "jamie@prwatch.org" Karen Bray )amie, Thank you for reaching out. Cara is correct, we are currently reviewing your colleague?s request and are working hard to get it released as soon as we can. I just wanted to clarify that the request we have on ?le from your colleague Nick Surgey has to do with correspondence between the of?ce and speci?c outside groups/law ?rms and not RAGA, as indicated in your follow up email. Please let us know if this is incorrect. Again, thanks for your patience! Sarah A. Greenwalt General 01mm! to the Attomg): General OKLAHOMA OFFICE OF THE ATTORNEY GENERAL 313 NE 21St Street, Oklahoma City, OK 73105 T: (405) 522-3116 F: (405) 522-0669 From: Cara Rodriguez Sent: Tuesday, December 06, 2016 1:29 PM To: Sarah Greenwalt Subject: Fwd: Follow-up to CMD's Public Records Request Sent from my iPhone Begin forwarded message: From: Cara Rodriguez Date: December 6, 2016 at 2:28:19 PM EST Exhibit 4 To: Jamie Corey Cc: Karen Bray [Quoted text hidden] [Quoted text hidden] . 2r 3" Jamie Corey i: Follow-up to CMD's Public Records Request Sarah Greenwalt Tue, Jan 3, 2017 at 3:42 PM To: Jamie Corey Cc: Cara Rodriguez Karen Bray Hi Jamie, I apologize for the delayed response in returning your email. In the midst of intervening holidays, we are currently wrapping up end?of?the- year reports, budget proposals, and the like as we prepare for the next calendar, legislative, and ?scal years. As you can imagine, it?s been rather hectic around here. Please let me assure you that Mr. Surgey?s request is still near the top of our queue. Unfortunatelyl do not have an expected response date. I can tell you, however, that his request is in front of the ?nal reyiewer, and I am happy to let you know when I have a better idea on a response date. Hope you had a pleasant holiday season. Sarah A. Greenwalt General mum! to 1/58 Artomgy General OKLAHOMA OFFICE or THE ATTORNEY GENERAL 313 NE 21St Street, Oklahoma City, OK 73105 T: (405) 522-3115 I r: (405) 522?0669 Sarah.Greenwalt@oag.ok.gov From: Jamie Corey Sent: Tuesday, January 03, 2017 2:27 PM To: Sarah Greenwalt Cc: Cara Rodriguez; Karen Bray [Quoted text hidden] [Quoted text hidden] Exhibit 5 OFFICE OF ATTORNEY GENERAL STATE or January 17, 2017 Jamie Corey Center for Media and Democracy PO. Box 259010 Madison, Wisconsin 53725 Re: Open Records Act Requests Dear Ms. Corey, This letter is in response to your email, dated January 10, 2017, in which you request an update on a number of Open Records Act requests ?led by yourself and Nick Surgey. Before I address the substance of that email, please note that any future correspondence regarding your requests should be addressed to myself and Karen Bray, our Open Records Act Coordinator. As you are aware, the Of?ce of Attorney General is working on a considerable number of requests from media, law ?rms, public interest groups, and others, many of which request thousands of pages of records. We process these requests in the order in which they are received, ensuring fairness to all who make requests. In your email, you express concern that you have lost your place in the queue. Let me assure you that you have not. Neither has Mr. Surgey lost his place in the queue. Currently, Mr. Surgey?s request is second from the top and will be reviewed and subsequently released after the request in front of him has been released. The request ahead of him is comprised of over 10,000 documents and is therefore taking a considerable amount of time to review. Similarly, the number of documents currently in Mr. Surgey?s response is over 3,000. As you are aware, there are many exemptions and exceptions that exist under Oklahoma?s Open Records Act. We therefore give each document a careful review to make sure that we are not required by law to keep it con?dential and that one of the many exemptions and exceptions under the Act does not apply. Oklahoma?s Open Records Act requires an agency to provide ?prompt, reasonable access? to records while employing reasonable procedures to protect the integrity and organization of the records and to prevent excessive disruption of the agency?s essential functions. 51 O.S.Supp.2016, This means that review of these thousands of pages of documents occur amidst the 313 N.E. 21m 51m - Omnom Cm. OK 73105 - (405) 521-3921 - m: (405) 521-6246 Exhibit 6 recycled paper many other duties and obligations this of?ce has, which at this time of year includes end-of?the- year reports, budget proposals and hearings before the Legislature, and the like. As I mentioned in my email to you dated January 3, 2017, I unfortunately do not have an expected response date to give to you at this time, but am happy to give you an update when have one. Reiterating what I said in that email, I can tell you that Mr. Surgey?s request (along with the request in ?'ont of his request) is in front of the ?nal reviewer and we continue to work diligently to review and release these records as soon as we can. Sincerely, 5% WW Sarah A. Greenwalt GENERAL COUNSEL TO THE ATTORNEY GENERAL Sarah.greenwalt@oag.ok. gov h) 2/2/2017 Center for Media and Democracy Mail - Records Request 2 of 2 i I I Jamie Corey i3. ?it 381?: Records Request 2 of 2 Jamie Corey Fri, Jan 13, 2017 at 1:56 PM To: Nick Surgey Forwarded message From: Jamie Corey Date: Thu. Jan 14, 2016 at 10:30 AM Subject: Re: Records Request 2 of 2 To: publicprotection@oag.ok.gov Dear Mr. Cooper, ljust ?nished leaving a voicemaii on your message and wanted to follow up with forwarding you the records request I was referring to in the message. Can your of?ce please provide a status on this request? Thanks very much for your assistance. On Tue, Nov 3, 2015 at 2:03 PM. Jamie Corey wrote: November 2, 2015 Dear Records Of?cer, Pursuant to the Oklahoma open records law, i request access to and a copy of all email correspondence sent and received directly pertaining to the Clean Power Plan. The scope of this request includes the Oklahoma Attorney General and all staff that report directly to the Oklahoma Attorney General. The search for records may be limited to those sent and received between October 1, 2015 and the date of your ?nal response to this request. Please exclude all press clips. I request that these records be provided in electronic form. Please note that this request includes all emails sent or received on of?cial state email accounts. as well as any other email accounts that have been used for of?cial business. The Center for Media 8: Democracy is a non-pro?t public?interest organization, and the disclosure of the materials requested here would be in the public interest, greatly bene?ting public understanding of the workings of government. As such a waiver of any fees is requested. If the waiver is not granted. we agree to pay any reasonable copying and postage fees of not more than $20. If the cost would be greater than this amount, please notify us. Please provide a receipt indicating the charges for each document. If my request is denied in whole or part, I ask that you justify all deletions by reference to speci?c exemptions of the act. Thank you for your assistance. Sincerely, Jamie Corey The Center for Media and Democracy PO Box 259010 Madison. WI 53725 Exhibit 7 l/l 2/2/20l7 Center for Media and Democracy Mail - Public Record Request I ,9 il Jamie Corey lifts 331x? Public Record Request Jamie Corey Wed, Feb 10, 2016 at 2:17 PM To: publicprotection@oag.ok.gov, Aaron Cooper 2/10/16 Dear Records Of?cer: Pursuant to the Oklahoma open records law, I request access to and a copy of all records that pertain to the Republican Attorneys General Association (RAGA). The scope of this request includes the attorney general and any staff that report directly to the attorney general. The search for records may be limited to email correspondence, both sent and received, as well as any attachments in the email correspondence. The scope of the request includes email correspondence both sent and received between 1/1/15 and the date of your ?nal response. Please note that this request includes all emails sent and received on of?cial state email accounts, as well as any other email accounts that have been used for of?cial business. Note, as a member of the Republican Attorneys General Association, the attorney general is acting in his of?cial capacity. I request that these records be provided in electronic form. The Center for Media Democracy is a non-pro?t public- interest organization, and the disclosure of the materials requested here would be in the public interest. greatly bene?ting public understanding of the workings of government. As such a waiver of any fees is requested. If the waiver is not granted, we agree to pay any reasonable copying and postage fees of not more than $20. lfthe cost would be greater than this amount, please notify us. Please provide a receipt indicating the charges for each document. If you choose to deny this request in whole or part, please provide a written explanation for the denial including a reference to the speci?c statutory exemption(s). As allowed by Oklahoma State Law, please provide all portions of releasable material, even if there is redacted material on the page or record. Sincerely, Jamie Corey Center for Media and Democracy Exhibit 8 .gov&qs=true&scarch=query&msg= 1 52ccd4cd8c5b0 l/l OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA February 11, 2016 Jamie Corey Center for Media and Democracy Re: Open Records Act request, our internal number 16 ORA.6. Dear Ms. Corey, This letter is to acknowledge your email, dated February 10, 2016, in which you make an Open Records Act request, regarding the following: Access to and a copy of all records that pertain to the Republican Attorneys General Association (RAGA). The scope of this request includes the attorney general and any staff that report directly to the attorney general. The search for records may be limited to email correspondence, both sent and received, as well as any attachments in the email correspondence. The scope of the request includes email correspondence both sent and received between 1/1/15 and the date of your ?nal response. Please note that this request includes all emails sent and received on of?cial state email accounts, as well as any other email accounts that have been used for of?cial business. Note, as a member of the Republican Attorneys General Association, the attorney general is acting in his of?cial capacity. The Attorney General?s Office will begin the process of identifying and assembling any and all documents responsive to your request. The Office will conduct this search as quickly as possible and will notify you once this search is complete. Please note that many exemptions and exceptions exist under the Open Records Act; if your search implicates any of these exemptions or exceptions, it may take additional time to assemble, review, and ?Jl?ll your records request. In the interim, if you have any questions, please feel free to contact me. Sincerely, Cara N. Rodn'm GENERAL COUNSEL TO THE ATTORNEY GENERAL 313 NE. 215T STREET - OKLAHOMA CITY, OK 73105 - (405) 521-3921 - FAX: (405) 521-6246 Exhibit 9 recycled paper 2/2/2017 Center for Media and Democracy Mai] - Public Records Request ii. il I Jamie Corey tv,( Public Records Request Jamie Corey Wed, Apr 27, 2016 at 1:29 PM To: aaron.cooper@oag.ok.gov April 27. 2016 Pursuant to the Oklahoma open records law, we request access to and a copy of all electronic records pertaining to the following organizations and individuals: -Competitive Enterprise Institute ?ExxonMobil ("Exxon") Group ?Haynes Boone, LLP -Cantey Hanger LLP ?Paul, Weiss, Rifkind, Wharton 8: Garrison, LLP ?Eric Schneiderman ?Claude Walker ~Hunt0n Williams LLP ?Sam Kazman -Kent Lassman ?State Policy Network -Christopher (Chris) Homer ?David Schnare -Energy Environment Legal Institute Legal") The scope of this request includes the Attorney General, and any staff that report directly to the Attorney General. "Electronic records" should include but is not limited to emails (either sent or received), email attachments, PDFs, Word documents, notes, minutes, scheduling records, text messages, and all other records stored electronically. Drafts shall also be included. The search for records may be limited to between January 1, 2015 and the date of your ?nal response. Widely available news clips may be excluded. We request that these records be provided in electronic form either by email or on CD. The Center for Media Democracy is a non-pro?t public-interest organization, and the disclosure of the materials requested here would be in the public interest, greatly bene?ting public understanding of the workings of government. As such a waiver of any fees is requested. If the waiver is not granted, we agree to pay any reasonable copying and postage fees of not more than $25. If the cost is estimated to be greater than this amount, please notify us in advance along with a breakdown of charges. If you choose to deny this request in whole or part, please provide a written explanation for the denial including a reference to the speci?c statutory exemption(s). As allowed by Oklahoma state law, please provide all portions of releasable material, even if there is redacted material on the page or record. We request materials to be provided on a rolling basis as responsive records are identi?ed. Thanks for your assistance, Jamie Corey Center for Media and Democracy PO Box 259010 Madison, WI 53725 Exhibit 10 l5&view=pt&search=scnt&msg= i 1/1 OPEN RECORDS ACT REQUEST Oklahoma Office of the Attorney General .Media Eleeneral Public Information Requested: Please state with specificity the nature of your request, the records you seek, and the applicable time frames. A copy of all records that pertain to the Republican Attorneys General Association The scope of the request includes the attorney general. senior staff that reports to the attemeytgeneralrandaeputy net?limitedte? emails, attachments, both sent and received, all agendas, briefing books, memos, draft records, notes, minutes, scheduling records, text messages, other correspondence (Internal and external) and all other records. The search for records may be limited to 4/1/16_a_n_d_the_ date of your final response. jamie@ prwatch .org E-MAIL ADDRESS Purpose ofRequest: DPersonal DCommercial .Publiclnterest Jamie Corey NAME OF PERSON MAKING REQUEST (Please Print Name) :0 Box 259010 Appaess Madison WI 53715 STATE 7 ZIP 908?0?:5851 A PHONE 7 FAX The Center for Media and Democracy la requ st. who are you affiliated with. Ifthis is a GNATUW DATE You will be noti?ed of any applicable fees pursuant to the Oklahoma Open Records Act, 51 0.5. 24A.l - 24A.30. Do NOT send money prior to receiving notification of applicable fees and the exact amount due. RETURN FORM TO: Oklahoma Of?ce of the Attorney General 313 N.E. let St. Oklahoma City, Oklahoma 73105 Phone: (405) 522?4430 Fax: (405) 522-0669 Email: Exhibit 11 OPEN RECORDS ACT REQUEST Oklahoma Office of the Attorney General .Media DGeneral Public Information Requested: Please state with specificity the nature of your request, the records you seek, and the applicable time frames. We request access to and a copy of all records pertaining to the 5 United for Clean to the attorney general, and should include but' Is not limited to emails attachments both sent and received all agendas briefing books, memos. draft records notes, minutes scheduling $99;ch The search for records may be limited to those sent and received between March 1, 2016 and the date of your rinai response. jdm?le/ Prwq?lck, E-MAIL ADDRESS Purpose of Request: DPersonal DCommercial .Publiclnterest Jamie Corey NAME OF PERSON MAKING REQUEST (Please Print Name) PO Box 259010 ADDRESS Madison WI 53715 CITY STATE ZIP 608-229-6810 PHONE FAX The Center for Media and Democracy If this is a media request who are you affiliated with. 9/ SIENMUW DATE You will be noti?ed of any applicable fees pursuant to the Oklahoma Open Records Act, 51 0.5. 24A.1 - 24A.30. Do NOT send money prior to receiving notification of applicable fees and the exact amount due. RETURN FORM TO: Oklahoma Of?ce of the Attorney General 313 N.E. 215i: St. Oklahoma City, Oklahoma 73105 Phone: (405) 522-4430 Fax: (405) 522-0669 Emailm 1' ca .ok. ov Exhibit 12 OPEN RECORDS ACT REQUEST Oklahoma Office of the Attorney General .Media DGeneral Public Information Requested: Please state with specificity the nature of your request, the records you seek, and the applicable time frames. 1 reguest access to and a copy of all scheduling records between October 18, 2015 and October 18, 2016. The scope of the request includes Attorney General Scott Pruitt and Solicitor General Patrick Wyrick. jamie @prwatch.org E-MAIL ADDRESS Purpose of Request: DPersonal DCommercial .Publiclnterest Jamie Corey NAME OF PERSON MAKING REQUEST (Please Print Name) PO Box 259010 ADDRESS Madison WI 53725 CITY STATE ZIP 608-229-6810 PHONE FAX Center for Media and Democracy If this is a media request. who are you affiliated with. 10/18/16 Sloww?? DATE You will be noti?ed of any applicable fees pursuant to the Oklahoma Open Records Act, 51 0.8. 24A.1 - 24A.30. Do NOT send money prior to receiving notification of applicable fees and the exact amount due. RETURN FORM TO: Oklahoma Of?ce of the Attorney General 313 N.E. let St. Oklahoma City, Oklahoma 73105 Phone: (405) 522-4430 Fax: (405) 522-0669 Email: Exhibit 13 OFFICE OF ATTORNEY GENERAL STATE OF OKIAI-IOMA October 21, 2016 Jamie Corey Center for Media and Democracy PO. Box 259010 Madison, Wisconsin 53725 Re: Open Records Act request, our internal number 16 ORA 57. Dear Ms. Corey, This letter is to acknowledge your email, dated October 19, 2016, in which you make an Open Records Act request, regarding the following: An access to and a copy of all scheduling records between October 18, 2015 and October 18, 2016. The scope of the request includes Attorney General Scott Pruitt and Solicitor General Patrick Wyrick. Oklahoma?s Open Records Act, 51 0.8.2011 Supp.2015, 24A.1 24A.30, requires an agency to provide ?prompt, reasonable access? to records while employing reasonable procedures to protect the integrity and organization of the records and to prevent excessive disruption of the agency?s essential functions. 51 O.S.Supp.2015, Currently, the Attorney General?s Of?ce is working on thirty??ve Open Records Act requests from media, law ?rms, public interest groups, and others, many of which request thousands of pages of records. Further, these requests are at various stages of the review process, intake, record search, legal review, and redaction of con?dential information captured by search, etc. We process these requests in the order in which they are received, ensuring fairness to all who make requests. We will respond as quickly as possible and will notify you once the search is complete. Finally, please be advised that many exemptions and exceptions exist under Oklahoma?s Open Records Act. For example, one such exception speci?cally permits us to maintain the con?dentiality of our litigation ?les. Id. 24A.12. If your search implicates any of these exemptions or exceptions, it may take additional time to assemble, review, and ?ll?ll your records request. Sincerely, Wt! Cara N. Rodriguez GENERAL COUNSEL TO THE ATTORNEY GENERAL 313 NE. 215T 5mm - Gunmen Cmr. or: 73105 - (405) 521.3921 - Fm (405) 521-5246 EXh'blt 14 as recycled paper OPEN RECORDS ACT REQUEST Oklahoma Office of the Attorney General .Media UGeneral Public Information Requested: Please state with specificity the nature of your request, the records you seek, and the applicable time frames. ?ease see attached. Jamie@prwatch.org E-MAIL ADDRESS Purpose of Request: UPersonal UCommercial .Publiclnterest Jamie Corey NAME OF PERSON MAKING REQUEST (Please Print Name) PO Box 259010 ADDRESS Madison WI . 53725 STATE ZIP 608-229-6810 PHONE FAX The Center for Media and Democracy If this Is a media request who are you affillated with. 1.2.17 S/leA UR DATE You will be noti?ed of any applicable fees pursuant to the Oklahoma Open Records Act, 51 0.8. 24A.1 24A.30. Do NOT send money prior to receiving notification of applicable fees and the exact amount due. RETURN FORM TO: Oklahoma Of?ce of the Attorney General 313 N.E. let St. Oklahoma City. Oklahoma 73105 Phone: (405) 522?4430 Fax: (405) 522?0669 Email: openrecordsreqpests@oag.gk.gov January 2, 2017 Dear Records Officer, Pursuant to the Oklahoma open records law, I request access to and a copy of all records that pertain to the following entities: -Rule of Law Defense Fund The scope of this request includes Attorney General Scott Pruitt, First Assistant Attorney General Tom Gruber and former First Assistant Attorney General Michael Hunter. The request should include but is not limited to emails, attachments, both sent and received, all agendas, briefing books, memos, draft records, notes, minutes, scheduling records, text messages, other correspondence [internal and external) and all other records. The search for records may be limited to those sent and received between January 1, 2015 and the date ofyour final response. Please note that this request includes all emails sent and received on official state email accounts, as well as any other email accounts that have been used for official business. i request that these records be provided in electronic form. The Center for Media Democracy is a non-profit public-interest organization, and the disclosure of the materials requested here would be in the public interest, greatly benefiting public understanding of the workings of government. As such a waiver of any fees is requested. If the waiver is not granted, we agree to pay any reasonable copying and postage fees ofnot more than $20. Ifthe cost would be greater than this amount, please notify us. Please provide a receipt indicating the charges for each document. lfyou choose to deny this request in whole or part, please provide a written explanation for the denial including a reference to the specific statutory exemption(s). As allowed by Oklahoma state law, please provide all portions of releasable material, even if there is redacted material on the page or record. Sincerely, Jamie Corey Center for Media and Democracy PO Box 259010 Madison, W153725 OPEN RECORDS ACT REQUEST Oklahoma Office of the Attorney General .Media Deaneral Public Information Requested. Please state with specificity the nature of your request, the records you seek, and the applicable time frames. Please see attached. Jamie@prwatch.org E-MAIL ADDRESS Purpose of Request: DPersonai DCommercial .Pubiiclnterest Jamie Corey NAME OF PERSON MAKING REQUEST (Please Print Name) PO Box 259010 ADDRESS Madison WI 53725 CITY STATE 7 ZIP 608-229-6810 PHONE FAX The Center for Media and Democracy If this? IS a media request. who are you affiliated with 1217 l/ ?7.14/me . . DATE You will be notified of any applicable fees pursuant to the Oklahoma Open Records Act, 51 0.8. 24A.l - 24A.30. Do NOT send money prior to receiving noti?cation of applicable fees and the exact amount due. RETURN FORM TO: Oklahoma Of?ce of the Attorney General 313 N.E. let St. Oklahoma City, Oklahoma 73105 Phone: (405) 522?4430 (405) 522-0669 EmailExhibit 16 January 2, 2017 Dear Records Of?cer, Pursuant to the Oklahoma open records law, 1 request access to and a copy of all records that pertain to the following entities: -Republican Attorneys General Association ?Rule of Law Defense Fund The scope of this request includes Solicitor General Patrick Wyrick and should include but is not limited to emails, attachments, both sent and received, all agendas, briefing books, memos, draft records, notes, minutes, scheduling records, text messages, other correspondence (internal and external] and all other records. The search for records may be limited to those sent and received between January 1, 2015 and the date of your ?nal response. Please note that this request includes all emails sent and received on official state email accounts, as well as any other email accounts that have been used for official business. I request that these records be provided in electronic form. The Center for Media Democracy is a non-profit public?interest organization, and the disclosure of the materials requested here would be in the public interest, greatly benefiting public understanding of the workings of government. As such a waiver of any fees is requested. If the waiver is not granted, we agree to pay any reasonable copying and postage fees ofnot more than $20. Ifthe cost would be greater than this amount, please notify us. Please provide a receipt indicating the charges for each document. lfyou choose to deny this request in whole or part, please provide a written explanation for the denial including a reference to the specific statutory exemption[s). As allowed by Oklahoma state law, please provide all portions of releasable material, even if there is redacted material on the page or record. Sincerely, Jamie Corey Center for Media and Democracy PO Box 259010 Madison, WI 53725 OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA January 5,2017 Jamie Corey Center for Media and Democracy P.O. Box 259010 Madison, WI 53725 Sent via Electronic Mail Re: Open Records Act request, our internal number 17 ORA 2. Dear Ms. Corey, This letter is to acknowledge your email, dated January 2, 2017, in which you make an Open Records Act request, regarding the following: The scope of this request includes Attorney General Scott Pruitt, First Assistant Attorney General Tom Gruber and former First Assistant Attorney General Michael Hunter. The request should include but is not limited to emails, attachments, both sent and received, all agendas, brie?ng books, memos, draft records, notes, minutes, scheduling records, text messages, other correspondence (internal and external) and all other records. Oklahoma?s Open Records Act, 51 0.8.2011 Supp.2016, 24A.1 24A.30, requires an agency to provide ?prompt, reasonable access? to records while employing reasonable procedures to protect the integrity and organization of the records and to prevent excessive disruption of the agency?s essential functions. 51 O.S.Supp.2016, Currently, the Attorney General's Of?ce is working on a considerable number of requests ?'om media, law ?rms, public interest groups, and others, many of which request thousands of pages of records. Further, these requests are at various stages of the review process, intake, record search, legal review, and redaction of con?dential information captured by search, etc. We process these requests in the order in which they are received, ensuring fairness to all who make requests. We will respond as quickly as possible and will notify you once the search is complete. 3l3 NE. 2] rr OKLAHOMA Cn'v. OK 73105 - (405) 521-3921 - FAX: (405) 521-6246 ?recycled paper l7 Finally, please be advised that many exemptions and exceptions exist under Oklahoma?s Open Records Act. For example, one such exception speci?cally permits us to maintain the con?dentiality of our litigation ?les. Id. 24A.12. If your search implicates any of these exemptions or exceptions, it may take additional time to assemble, review, and ful?ll your records request. Sincerely, Sarah A. Greenwalt GENERAL COUNSEL TO THE ATTORNEY GENERAL OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA January 5, 2017 Jamie Corey Center for Media and Democracy PO. Box 259010 Madison, WI 53725 Sent via Electronic Mail Re: Open Records Act request, our internal number 17 ORA 1. Dear Ms. Corey, This letter is to acknowledge your email, dated January 2, 2017, in which you make an Open Records Act request, regarding the following: [A]ccess to and a copy of all records that pertain to the following entities: -Republican Attorneys General Association -Rule of Law Defense Fund The scope of this request includes Solicitor General Patrick Wyrick and should include but is not limited to emails, attachments, both sent and received, all agendas, brie?ng books, memos, draft records, notes, minutes, scheduling records, text messages, other correspondence (internal and external) and all other records. Oklahoma?s Open Records Act, 51 0.8.2011 Supp.2016, 24A.1 24A.30, requires an agency to provide ?prompt, reasonable access? to records while employing reasonable procedures to protect the integrity and organization of the records and to prevent excessive disruption of the agency?s essential functions. 51 O.S.Supp.2016, Currently, the Attorney General?s Of?ce is working on a considerable number of requests from media, law ?rms, public interest groups, and others, many of which request thousands of pages of records. Further, these requests are at various stages of the review process, intake, record search, legal review, and redaction of con?dential information captured by search, etc. We process these requests in the order in which they are received, ensuring fairness to all who make requests. We will respond as quickly as possible and will notify you once the search is complete. 313 Smear - Omnom Crrv. OK 73105 0 (405) 521-3921 - FAX: (405) 521-6246 Exhibit 18 ?3 recycled paper Finally, please be advised that many exemptions and exceptions exist under Oklahoma?s Open Records Act. For example, one such exception speci?cally permits us to maintain the con?dentiality of our litigation ?les. Id. 24A.12. If your search implicates any of these exemptions or exceptions, it may take additional time to assemble, review, and ful?ll your records request. Sincerely, JWW Sarah A. Greenwalt GENERAL COUNSEL TO THE ATTORNEY GENERAL )klahoma Public?Records Guide 0 MuckRock MUCKROCK .E New 0 Proiects 0 Re uests 0 "'More 0 Jurisdictions 0 Agencies 0 Forum 0 Donate 0 About Us 0 0 0 ox Search Search Cancel 0 File Request 0 Si 0 Lo In Oklahoma, USA Oklahoma Public Records Guide Oklahoma Open Records Act (ORA) OK Title 51, Sections Established 1959. Oklahoma has no mandatory response times, no administrative appeals process, and no requirement of citizenship to request. In general, fees are limited to the actual cost of copying unless the request is unusually burdensome or a fully commercial request. Agencies must designate a public records of?cer to receive and process requests. The legislature and judiciary are subject to the public records insofar as requested records detail the receipt or Exhibit 19 of8 2/7/2017 3:25 AM klahoma? Public Records Guide - MuckRock of8 expenditure of public funds. Executive records are generally subject to the public records law except when they?re speci?cally exempted. The Law 0 No deadlines for response 0 No appeals process 0 Generally fees are limited to direct copying costs, and are waived if request is in public interest Supplemental Oklahoma State general agency records retention schedule Oklahoma State records retention schedule for universities and colleges The Details Can you submit a request ifyou?re not a resident? Yes. To whom does this apply? Executive? Yes. Legislative? Yes, but only to the extent that the records detail the receipt or expenditure of public funds. Judicial? Yes, but only to the extent that the records detail the receipt or expenditure of public funds. Who is exempted? No one. Is there a designated records custodian? Yes, each public body designates a records custodian under OKLA. STAT. tit. 51, &3167 How long do they have to respond? There is no statutory timeframe for a response, although agencies are expected to provide ?prompt, reasonable access.? 2/7/2017 8:25 AM )klahoma? Public Records Guide - MuckRock of8 Does the agency have to give you a tracking number or estimated date of completion? No. Can they ask why you ask? Not beyond what is required for them to ful?ll their obligations under the law. What enforcement? There is no formal appeal process, so litigation is the primary enforcement mechanism. Officials found guilty of violating the act may be ?ned up to $500. Fees? Request fees are generally limited to the direct cost of materials required in ful?lling the request and not to exceed 25 cents per page for 8 1/2 by 14 inches or less. However; requests deemed purely commercial (which does not include media requesters) or which would be unduly burdensome may recover fees for search time. Are there fee waivers for media requests or those made in the public interest? Fees are not to be charged for requests in the public interest unless the request is disruptive to the agency?s day-to-day duties. Attorney?s fees - Can you win them? Yes. Exemptions and Appeals What exemptions exist? According to NF OIC, exemptions cover state evidentiary privilege; real estate appraisals; personnel records; registration ?les of sex offenders; public officials" personnel notes; business-related bids; computer programs; medical market research; and certain educational records including student records. Do they have to tell you why a portion or pages were redacted or withheld? Yes. How much time do you have to appeal? Not applicable. Can you appeal to the courts? 2/7/2017 8:25 AM 'klahoma' Public Records Guide - MuckRock Yes. Resources Organizations Oklahoma Attorneys and Law Firms The following attorneys and law ?rms have practiced public records law. Names marked with an asterisk have indicated a willingness to offer pro bono services on a case by case basis. There are currently no experienced public records law attorneys that we know of in Oklahoma. Write to us at info@MuckRock.com if you know of any and want to help us out! Successful appeals News Stories on Public Records Laws in the State NM public records requests are answered slowly or not at all Blogs and feeds primarily focused on public records in Oklahoma Public Records Guide and Advice Oklahoma exemptions discussion Newsletters Let us know Big FOIA Wins Have a public records success story? Let us know! Stats Request Record 138 Filed 54 Completed 6 Rejected 37 No Responsive Documents 14 Awaiting Acknowledgement ll Awaiting Response 10 Requiring Action 2/7/2017 8:25 AM ?klahoma'Public Records Guide - MuckRock Appeals None Allowed Response Time No limit Average Response Time 68 days Success Rate 36.96% Average Fee $57.54 4.35% of requests have a fee Top Agencies See All Agency Tulsa Police Department 70 Department of Corrections 33 Oklahoma City Police Department 25 State Capitol Preservation Commission 20 Of?ce of the Attomev General - Oklahoma 15 Of?ce of Management and Enterprise Services 15 Oklahoma Department of Human Services 13 Oklahoma Department of Public Safety 13 Office of the Governor of Oklahoma 10 City of Cushing (OK) 9 Top Localities See All Jurisdiction Requests Pages Released Tulsa OK 72 394 Oklahoma City. OK 35 157 Cushing, OK 9 7 Oklahoma County. OK 7 18 Watonga, OK 6 7 Payne County. OK 5 0 Sayre, OK 5 8 Norman OK 3 5 Lawton. OK 3 0 Pittsbung County, OK 3 212 Submit a Change Required Requests Pages Released 322 199 147 35 99 89 301 2/7/7101 7 8?25 AM )klahoma Public Records Guide - MuckRock of8 Please describe the change in sufficient detail. Submit Cancel File a Reguest Share 0 Facebook 0 ?Twitter 0 -Email 0 6 Reddit Recently completed requests See All Completed 1 ?le Request for homicide statistics (Tulsa Police Department) Ann Givens sent this request to the Tulsa Police Department of Tulsa, Completed City policies regarding Civilian Oversight of Police (Tulsa Police Department) Samuel Sinyangwe sent this request to the Tulsa Police Department of Tulsa, Completed ?e Recount policies/procedures/costs (Of?ce of the Attorney General - Oklahoma) Beryl Lipton sent this request to the Of?ce of the Attorney General - Oklahoma of Oklahoma Completed 5% National Pollution Discharge Elimination System data ?le for Oklahoma 2/7/2017 8:25 AM )klahoma? Public Records Guide - MuckRock of8 Joe Wertz sent this request to the Department of Environmental Quality of Oklahoma Completed Tulsa internal affairs records Andrew Quemere sent this request to the Tulsa Police Department of Tulsa, Completed Oklahoma Jason Koebler sent this request to the Of?ce of Management and Enterprise Services of Oklahoma Completed LAM tulsa police response Alexander Yablon sent this request to the Tulsa Police Department of Tulsa, Completed 5 ?les Persistent Surveillance Systems Invoices Oklahoma City Police Department) Brandon Smith sent this request to the Oklahoma City Police Department of Oklahoma City, Completed 2 files 1033 Program Compliance Reviews (Of?ce of Management and Enterprise Services) Daniel Welch sent this request to the Of?ce of Management and Enterprise Services of Oklahoma Completed me City Employee Salary Information (Tulsa) Shane Snow sent this request to the Finance Department of Tulsa, ewsletter Want the latest investigative and FOIA news? 7/7/2017 8:25 AM Iklahoma?Public Records Guide - MuckRock email address - Subscribe MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. Make a Donation 2010?2017 Muckrock Sections 0 News 0 Pro'ects - Re uests - A encies 0 Jurisdictions - A Forum About 0 About Us EAR 0 Privac Folio 0 Terms of Service Feeds 0 Latest Reporting - Latest Questions - Recently Filed Requests 0 Recently Completed Requests of8 2/7/2017 8:25 AM