IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA CAMPAIGN FOR ACCOUNTABILITY, a Washington, DC,not-for-profit Corporation, ~' NOV 2 7 2017 Plaintiff, Case No. Judge vs. EN CIS ~LER~ ~~U~ ~ ~, ~ r ~~ s i~ MIKE HUNTER,in his official capacity as ATTORNEY GENERAL OF THE STATE OF OKLAHOMA;and GARY JONES,in his official capacity as STATE AUDITOR AND INSPECTOR OF THE STATE OF OKLAHOMA Defendants. PETITION FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE OKLAHOMA OPEN RECORDS ACT COMES NOW the Plaintiff, Campaign for Accountability, by and through its attorney of record, David McCullough of Doerner Saunders Daniel &Anderson, LLP, and pursuant to the Oklahoma Open Records Act, 51 O.S.Supp.2016 § 24A.1 et seq.,("ORA")and more specifically, 51 O.S.Supp.2016 § 24A.17, who hereby petitions this Honorable Court to declare that certain public records as specified herein must be made available to the Plaintiff and to enjoin Defendants from continuing to deny access to the specified public records in violation of the ORA. In support of this Petition, the Plaintiff would show the Court as follows: Identification of Parties and Venue 1. The Plaintiff, Campaign for Accountability ("CfA"), is anon-profit, non-partisan tax-exempt entity organized under § 501(c)(3) of the internal Revenue Code. CfA uses research, litigation and communications to expose misconduct and malfeasance in public life. As part of its research, CfA uses government records made available to it under public information laws as well as government records agencies have released publicly. 2. Defendant Mike Hunter, Attorney General of the State of Oklahoma, is a "public official" as defined in the ORA,51 O.S.Supp.2016 § 24A.3(4). 3. Defendant Gary Jones, State Auditor and Inspector of the State of Oklahoma, is a "public official" as defined in the ORA,51 O.S.Supp.2016 § 24A.3(4). 4. The records requested by CfA are public records as defined in the ORA, 51 O.S.Supp.2016 § 24.A.3.1. See also 74 O.S.Supp.2016 § 225 ("The reports required by this act [Oklahoma Auditor and Inspector] are in addition to all other reports required by law to be made, and shall be publzc records.")(emphasis added) 5. The dispute giving rise to this lawsuit stems from CfA's ORA request submitted to State Auditor Jones ("Auditor's Office") and Attorney General Hunter ("AG's Office") seeking access to copies of certain audits and related documents regarding the Tar Creek Reclamation site and the Lead-Impacted Communities Relocation Trust ("LICRAT"). Specifically, CfA requested audits and related documents created as part of a review of LICRAT conducted by the Auditor's Office in response to a request by the Attorney General of Oklahoma. The requested documents constitute a public record as defined by the Open Records Act 51 O.S.Supp.2016 § 24A.3(1). 6. This court has jurisdiction over the parties and subject matter and venue are proper. Facts Pertaining to Open Records Act Request 7. On April 21, 2011, then Oklahoma Attorney General Pruitt sent a letter to State Auditor Jones requesting that the Auditor's Office conduct an investigative audit into "suspected unlawful contracting practices of the Lead-Impacted Communities Relocation Trust (also known as LICRAT), a Public Trust and Agency ofthe State of Oklahoma, as attempted to be executed on 2 its own behalf and later executed through the auspices of the Department of Central Services, also a State Agency." A copy ofthe Apri121,2011 letter is Exhibit 1 hereto ("April 21, 2011 Letter"). According to the AG's Office, the concerns about LICRAT's suspected unlawful 8. contracting practices had been brought to the attorney general's attention in a Memorandum submitted to the AG's Office by then-United States Senator Tom Coburn. Id. On February 24, 2015, the Auditor's Office sent a letter to Attorney General Pruitt 9. requesting that the AG's Office "grant its release of the Lead-Impacted Communities Relocation Assistance Trust(LICRAT)Special Audit." The letter stated that the summation of the completed investigation audit had been transmitted to the AG's Office in January 2014. A copy of the February 24,2015 letter is E~ibit 2 hereto. 10. On May 7, 2015, the AG's Office responded, stating "the Oklahoma Attorney General's Office does not authorize the release of said audit," and claiming to be "concerned about publication of unsubstantiated criminal allegations against private citizens." A copy ofthe May 7, 20151etter is Exhibit 3 hereto. 11. On May 14, 2015, State Auditor Jones responded to Attorney General Pruitt, writing: [W]e want to express our confusion as to your statement of concern about publication of unsubstantiated criminal allegations against private citizens. Our office has received no inquiries from you or your staff regarding the content ofthe audit report. We are not aware of any unsubstantiated claims, and believe the audit report represents an accurate account of our findings resulting from a considerably extensive and thorough investigation ofthe matter. A copy ofthe May 14, 2015 letter is E~ibit 4 hereto. 12. State Auditor Jones also expressed his puzzlement regarding AG Pruitt's argument, stating "your use of the term private citizens is equally baffling. 3 To our knowledge, the individuals named in the report are members of a public trust or a contractor whose services were retained as part ofthis substantive project." Id. (emphasis in original). 13. On August 3, 2017, the AG's Office, responding to another request from the Auditor's Office to release the LICRAT audit, stated "this audit shall remain a confidential criminal investigatory file in the Office ofthe Attorney General and will not be released," and that the AG's Office was "returning the two binders to your office." A copy of the August 3, 2017 letter is E~ibit 5 hereto. 14. On November 9, 2017, CfA sent an ORA request to the Auditor's Office seeking "access to copies of certain audits and related documents regarding ...("LICRAT"). Specifically, CfA requests audits and related documents created as part of a review of LICRAT conducted in response to a request from the Attorney General of Oklahoma made pursuant to 74 O.S. § 18f." A copy ofthe November 9, 20171etter is Exhibit 6 hereto. 15. The Auditor's Office responded to CfA's ORA request by email on November 13, 2017, stating it "concurs fully with the position you [CfA] have stated. We have made arguments along the same lines to the Oklahoma Office of the Attorney General, to both previous AG Pruitt and current AG Mike Hunter." A copy ofthe email is Exhibit 7 hereto. 16. Trey Davis, Director of Administration for the Auditor's Office, writing on behalf ofthe office, stated "Let me be clear, if it was up to us, we would publicly release the audit and all of its associated work papers. We uphold the public's right to know how its tax dollars are being spent. We strenuously promote accountability and transparency in both the action of public officials and expenditure of public funds." Id. 17. Mr. Davis concluded,"We regret that we are unable to respond to your request as we find the position of the AG to be untenable despite that office being regarded as the state's chief law enforcer. In the final analysis, we are auditors, not attorneys, and we will— reluctantly—follow this legal position as expressed until such time as the opinion has been overturned by a court of competentjurisdiction." Id. 18. In response to Mr. Davis's letter, on November 14, 2017, CfA sent an ORA request by email to the AG's Office requesting "access to copies of certain audits and related documents regarding ... ("LICRAT"). Specifically, CfA requests audits and related documents created as part of a review of LICRAT conducted in response to a request from the Attorney General of Oklahoma made pursuant to 74 O.S. § 18f." A copy of CfA's November 14, 20171etter is E~ibit 8 hereto. 19. The following day, CfA received a response to its ORA request from the AG's Office to the ORA request, stating the "Open Records Act exempts from disclosure the investigative and litigation files of the Attorney General's Office. 51 O.S. Supp.2016, § 24A.12." A copy ofthe November 15, 2017 ORA response is Exhibit 9 hereto. 20. Neither the Auditor's Office nor the AG's Office has produced the requested public records in response to CfA's request. Applicable Leal Authority The ORA expresses that it is 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." 51 O.S. Supp. 2016, § 24A.2. The ORA defines public records as "all documents." 51 O.S.Supp.2016, § 24A.3(1). This includes "special or investigative audits" performed by the Auditor's Office. See 74 O.S.Supp.2016, § 212.C.4.d. These special or investigative audits are public records. See 74 O.S.Supp.2016, § 225 ("The reports required by this act [Oklahoma Auditor and Inspector] are in addition to all other reports required by law to be made, and shall be public records."). 5 The ORA "imposes a duty on a public body to `provide prompt, reasonable access to its records'." 2005 OK AG 3,¶ 4(internal citation omitted). A public official that denies access to a record must cite the specific exemption relied upon to deny access. See Citizens Against Taxpayer Abuse, Inc. v. City of Oklahoma City, 2003 OK 65, ¶ 12; Sea also 1995 OK AG 97, ¶ 5. ("The burden to establish a privilege of confidentiality rests upon the person or entity who seeks to establish it.") The ORA further provides that access to records "shall not be denied because a public body or public official is using or has taken possession of such records for investigatory purposes or has placed the records in a litigation or investigation file." 51 O.S.Supp.2016, § 24A.20. Further, a "law enforcement agency may deny access to a copy of such a record in an investigative file [only] if the record or a true and complete copy thereof is available for public inspection and copying at another public body." Id. In the present case, the public maintains a compelling interest in records of and concerning public bodies that disclose whether the public body and its employees are "honestly, faithfully, and competently performing their duties" and unless the records are confidential by law, the records must be made available to the citizens. 51 O.S.Supp.2016, § 24A.2 and § 24A.5(3)(b). The requested records of a special audit are not confidential by law and, thus, the Defendants do not possess a legitimate reason for refusing to produce the requested record in this case. Under the Open Records Act, any person denied access to records of a public body or public official may bring a civil suit for declarative or injunctive relief 51 O.S.Supp.2016, § 24A.17. C~ Pursuant to 12 O.S.Supp.2016 § 1451 and § 1453, the foregoing facts warrant the issuance of an alternative Writ of Mandamus commanding the Defendants to produce the requested records by a date certain or appear before the Court to show cause as to why the records are not being produced. WHEREFORE,Plaintiff, Campaign for Accountability, respectfully prays for judgment in its favor and against each of the Defendants, Gary Jones, in his official capacity of State Auditor and Inspector of the State of Ol~lahoma, and Mike Hunter, in his official capacity as Attorney General ofthe State of Oklahoma, as follows: a. Declaring, pursuant to 51 O.S.Supp.2016 § 24A.17(B) CfA's right to access the requested documents, in accordance with the Open Records Act, and fording the Defendants to be in violation ofthe Open Records Act; b. Issuance of an injunction, pursuant to 51 O.S.Supp.2016 § 24A.17(B), or of a writ of mandamus, pursuant to 12 O.S.Supp.2016 §§ 1451 et seq., commanding Defendants to immediately produce the requested records by a date certain or to appear and show cause as to their reason for failing to produce the requested records; c. Awarding to CfA reasonable attorneys' fees and costs, pursuant to 51 O.S.Supp.2016 § 24A.17(B)(2); and d. Grant such other relief as maybe just and equitable. Respectfully submitted, DOERNER,SAUNDERS,DANIEL & AND,E~-SON, L.L.P. ,, David McCullough, OBA No,~1~~~ 98 1800 N. Interstate Dr., Suite 104 Norman, Oklahoma 73072-3501 Telephone:(405) 319-3501 Facsimile: (405) 319-3509 dmccullough@dsda.com /~ VERIFICATION DISTRICT OF COLUMBIA) ss. Daniel Stevens, Executive Director of the Campaign for Accountability, of lawful age, being first duly sworn upon oath, deposes and states that he has read the above and foregoing Petition, that he is familiar with the contents thereof, and that the facts therein set forth are true and correct to the best of knowledge and belief. niel Stevens Subscribed and sworn to before me this~day of November,2017. Notar ublic Commission Number M Commission Expires: ~ r y 2oZ2 .~ 4461843.1 4466061.1 ~`ee 'a: v~ ~ s oe►e~~ree~~ ,e s ~~ ~~ Q ~~~, ~,~ ,,. ~`+;~,~R.o "°t2u~tii. . mop QUA, 6~,~ ~'t~o ~ ~tt'ltcc> D ~. ~ E. Sco•r-r Przvrri~ .f~"I'Z'ORN~.Y ~;EN~:12AL O~~ ~KI,A3•IOIviA APR 2011' St~_ ~ . anc ;: ; ~. ,: ~~_ npi'il 21, 2pl 1 'I'I~c I-lonorablc Gary Jones Statc Auditor and Inspector 100 State Capitol Building 2300 N. Li»coln Blvd. Oiclahonla City, UI< 73 l OS-4802 Rc:: Allegations of~ Wrongdoing Regarding Awardinb of Tar Creels l2c;cla►nulion Contracts by or on behalf oi'the Lead-Impacted Cominuuities Relocation 'Trust(L,ICRAT) l)car Mr. Jones: I lave r~cei~~ec~ the enel~sed A~len~orancla i=rom.rec~y Morris,Siate Directo►~ Forthe }~lo~l~~rablc ')'om ~1. Col~uriz, U.S. Senator, expressing certain concerns brought tc3 tl~e attention of the Senator ~~z~~ i~iti staf'f'pertaiiiin~ to the awarding of certain co~ltracts for reclamation of propertics in the Tar (.trek are~i. Norwa~•ded with these ~~lemorcrnda vas a lame quantity of documents gathered acid supplied in suppo~•l of the several alle};atic>ns. "I'l~e concerns e~:pt'essed by the Men~ora~~ila are in rcicrcncc to the suspected unlawful contracting; practices of the Lead-Impacted Coinmunilies Relocation Trust(also known as t,iC;R/~'I'),a Public "I~rust and Agency ofthe State of Oklahoma,as attempted to be executed on its own behalf and later• executed through tl~e auspices of the Deplrtmerii of Ce~ltral Services, also a State Agency. I have determined t(~at t(~cse cone~rns are serious iil Mature such lliat alt investi~~tiUn o1'the mltlei• is warranted. I hereby request, pursuant to 74 U.S. 2001, ~ 1$f, That you ut~derlake an Investigative Audit of these maters and provide a apart of your findings to address the fol(owinb concerns: 1. In re~;a~•d to tl~e Lear!-InzJ~acted Coj~arnzinilie,s Reloccttiol~ ~lssisluncc 7rz~.s•l I'r~o/~er1y l~nprovemenl (:'lecn~crr~ce Project that was Ict and awarded on or about Match 2~, 2010 by the TICRA'I': ~. Were bids solicited, received and contract awarded pursuant ~o the provisions oC the Pr.ehlie C~~n7petilive 13iddingAe~ c~f'I>7=l(1s emended),61 U.S. 20p1, §§101 e/.sc~q.? I3, If'li~e. contr~icl ~v~s awarded to aiay bidder than the: lowest bidder, was a erc;iiible writte~i c:xplanalion ol~ the award ~f bid tiled in accorclai~ce with 6l 0.5. 2001, ~ l l7? .3t3 N,L;. 21s7' S'ritrri' t)~:i.:~uu~i,~ Ci'rv. OK 731115 •(4U5) 521-:1921 • I°,~x: i'~05) 521-f;2/G ~~p~ recycled paper `I I II ~~ ', ~y~~~~'r ~ _- fl ~I ,~ The I~Tonorable Gary 3ones, State Auditor• acid Iz~zspector• -2- Ap~•i121, 2011 C, 7s there my evidezlce oi`an a~ree~~~ent or co(Iusion ainoi~~ bidders, prospective bidders and/or n~atez~ial suppliers in restraint of ~'reedoz~~ of co~~petition C111GIt1Cjlllg, but not limited to, wh~tl~er the wimzi~ig bidden• sei~ve>afe citize~~,s. Ouz• office leas received .uo inquiries fi~oiu Srou oz• yotti• staff ~•egarding tl~,e content of the audit re~oi•t. We are not aware of arty au7substtr»Ir~rted claims, and believe the audit report ~~e~~reseirts Dui acct►rate account of our findings resulting 1xozn a eonsiderabl~~ e~tezlsive and thorough investigation ofthe matter. 1n lddition, your use of the 1;ez~~ai private citizens is equally baff7iug. To our la~owledge, the inclividuals named in the zeport are mer~ibers of a public trust or ~ contractor whose ser~~ices were retaitted as pant oI'~liis slabstantive project. We do not believe the audit repox•t ~lorwarded fio yolu office is cle~icient tivith regard to contezat or supporking clocume~itatio~~. I~ you rec~uile substantiation o~f anp i~~o~•►nation, sue would be ha~~py to provide such to youz uivestigators acid attorneys aid .old that the documentation obtai~led i~l tl~ie couxse of this special audit is ialoz•e tllau sufficient io subsfiantiate its fii~diiigs. Sincez'ely, ~--`~~ ~ Gary ~. Jo»es, CPA, CFA State Auditor &Inspector { ~~ f ~_ _ ~EXti9BlT' ~ ~- ,, { i i i~ /\'. C~FFTCE OF I~TTORNEY GENERAL STATE OF ~T{i,AHOM.A August 3,2Q17 The Honorable Gary A. Jones Oldahoma State Auditor and Inspector Mate Capitol, Room 100 2300 N. Lincoln Blvd. Oklahoma City, OK 73105 Re: LICRAT Audit Dear Mr, Jones: After review of the Lead-Impacted communities Relocation-Assistance Trust(LICRA.T) audit, executed at the request of the Attorney General under his authority provided by 74 O.S. § 18f, the following conclusions are reached: 1. The audit was a criminal audit ordered under the supervision of the Multi-County Grand Jury Unit. 2. The Multi-County Grand Jury Unit reviewed the audit at the time it was presented by the Auditor arld Inspector. 3. The Attorney General, after being fully advised ofthe findings, declined to take any action, criminal or otherwise, as a result ofthe audit. 4. As with any criminal investigation by this office, the report and findings of'this audit by the Auditor and Inspector acting as an agent in support of our law enforcement function will remain confidential, Therefore,this audit shall remain a confidential criminal investigatory ale in the Office of Attorney General and will net be released. the Tharilc you for your cooperation. I am returning the two binders to your office. Sincez'ely, _------TOM GRUBER Senior Deputy Attorney General {__ 313 N.E. 21st STt~er'OKLIHOMA CITY, OK 73105 ° (405) 522-3921 •Fax:(405)521-G24G '; y, EXHIBI d ✓ `\~ l { D recycled paper )~ 1 l' ~~ c~~n~i~~ F O R Noveulber 9,2017 ]3y Email: gjones ar sai.olc.gov Gaiy A. Jones Oldahoma State Auditior &Inspector 2300 N. Lincoln Blvd., Rool~~ X00 Oklahoma City, OK 73105 Re: Oklahoma Open Reco~•ds Act Request Dear Mr. Jones. Pursuant to the Ol~lahoma Open Records Act, 51 O.S. § 24A,1 et seq.("ORA"), C~mpaigli for Accountability ("CfA"), a nonprofit watchdog group, requests access to copies of certai~l audits aid relafied documents reglyding the Tar Creek Reclamation site and the Leadfinpacted Conununities Relocation Trust("LICRAT"). Specifically, CfA requests audits and related documents c~'e~ted as part of a review ofLICRAT conducted in response to a request ~iom the Attorney Geizeral of Ol~lahoma made pursuant to 74 O.S. § 18f. By way of background, otl April 21, 2011, then-Oklahoma Attorney General Scott Prlutt asked State Auditor &Inspector, Gary Jones, to investigate sevexal issues related to the Tar Creek supezfund site.' Iu 7ailuaiy 2014, Mr. Jones reported leis finding to N1r. Piliitt.2 While Mr. Jones said he found evidence of criminal wrongdoing at the site, Mr. Pruitt rejected the findings and declined to bring cz~iminal charges.3 On February 24, 2015, your office requested that Mr. Pruitt authorize the release of the LICRAT Special Audit pursuant to the ORA. A copy of that request is attached as Exhibit A. tVI~•. Pruitt responded to the request on May 7, 2015, stating "our of.~ce is concerned about publication ofunsubstantiated criminal allegations against private citizens." A copy of NIr. Pruitt's letter is attached as E~iiUit B. On May 14, 2015, your office replied to Mr. Pniitt's lettez~, stating that you were not aware of"any unsubstantiated claims" and that "the individuals named in the report are members of a public i~~ust or a contractor whose services were retained as part of this substantive project." A copy of youz• letter is attached as Exhibit C. ~ Letter from Oklahoma Attorney General Scott Pruitt to Oklahoma State Auditor &Inspector Gary Jones, April 21, 2011, avn~lable atl~ttps://www.eenews.ne~/assets/2017/09105/document ~ Oi.pdf. ' - Mike Soragl~an, Pruitt Decli~ied to Prosecute Fraud Allegations as Okla. AG,EcYcE Nervy, September 5, 2017, crvarlable nt httLs://~~~ww.eenews.net/stories/1060059637. ' Irl. 611 Pennsylvania Ave,, S.E. #337 ~ Washington, D.C.~20003 ~ (202) 780-57x'1 campaignforaccoLn~tability.ox~ ~Y ~~~^ = H11'T ~:j b ~~ I _ _ ____ _,-- __ I~i !' , IVI~•. Gary Jones November 9, 2017 Page 2 To sunvnarize this correspondence, your office stated that, contrary to Mr. Pruiit's assertion, the LICRAT Special Audit concerned only public officials and a conh-actar receiving public funds under a contract with a public body. The public policy of the ORA,found at 51 O.S. § 24A.2, states: As the Ol~lahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus,it is the public policy ofthe State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their goveriunent. The Oklahoma Open Records Act shall not create, duectly or indirectly, any rights o~ pzivacy or any remedies for violation of any rights of ~i-ivacy; nor shall the Oldahoma Open Records pct, except as specifically set forth in the Oklahoma Open Records Act, establish any procedures for protecting any person from release of information contained iu public records. The purpose of this act is to ensure and facilitate the public's right of access to and review of govez•runent records so t11ey may efficiently and intelligently exercise their inherent political power. Consistent with this stated public policy, the State Audiior and Inspector's Office has routinely released special investigation audits perfoi~ned at the request of other agencies. See e.g. The Association of County Cou~nissioners of Oklahoma ~iivestigative Report(Feb. 29, 2016); Tulsa County Sheriff's Office Innate Tilist Account Investigative Audit(Jan. 9, 2017); Ottawa Reclamation Authority Special Audit(Sept. 13, 2006). As you indicated in your May 14 letter to N1r. Pruitt, the LICRAT Special Atidit is complete and should be x-eleased as required iuidez• the ORA.. It is therefore incumbent upon your office to comply with this open z•ecords request made iu accordance with 51 O,S. § 24A.5. The Oklahoma Supreme Court has held that a public body claiming exemption from the requested disclosure has the burden to prove that au exemption applies. Citizens Against Taxpayer°Abuse, Inc. v. City of07clal2orria City, 2003 OK 65,¶ 12. The Court also lias said govenu~zent officials must considez~ iii ~ltling on records requests that "disclosure is to be favored over a finding of exemption." Tulsa Tribune Co. v. Okla. Hor^se Racing Commission, 1986 OK 24,~ 23. If it is your position that any portion ofthe requested records is exempt from disclosure, please state the basis of the exemption. In the event a portion of a requested record is properly exempt fiom disclosure, Tease redact that portion and produce t1~e remainder ofthe requested record. 51 O.S. § 24A.5(2). Where possible, please produce recozds electronically oz on a USB drive. CfA seeks records of any kind,including electronic records, audiotapes, videotapes, and photographs. Tlus request includes any letters, einails, facsimiles, telephone messages, voice mail messages, text messages, and t~•anscripts, notes, oz~ minutes of any meetings, telephone conversations, or discussions. This z•equest also includes any attachments to these records. Mr. Gay Jones November 9,2017 Page 3 The ORA xequires public bodies to provide "prompt, reasonable access to its records." 51 O.S. § 24A.5.6. If the requested records are not to be produced within five business days, CAA z~equest that you provide a date certain when the documents will be produced and/or a statement detailing the specific exemptions you are relying upon i~1 su~~port of your decision not to produce the public records. If you foresee any problems in releasing fully the requested records within that time-peziod, please contact me at 202-780-5750. Fee Waiver Req~rest The ORA prokubits the chaigiilg of a search fee when the release orthe "documents is iii the public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to deterniine whether those entY•usted with the affairs of the government are honestly, faithfully, and competently performing their duties as public sezvants." 51 O,S. § 24A.5.4.b. CfA zs a uon-profit watchdog group and the reco~•ds requested relate to the issue of whether public servants honestly, faithfully and competently pe~'formed their duties. The subject of this xequest will likely contribute to a better understanding of whether the State Auditor uncovered any evidence of criminal v~~•ongdoing regarding LICRAT's management of the Tar Creek superfiYnd site. Therefore, CfA.'s request clearly falls within this provision of the ORA and no search fee sliolild be charged for this request. Should a fee waives or reduction offees not be available, CfA agrees to pay up to $100 for copies of the requested records. If copying fees are expected to exceed this amount, please contact ine. Finally,I welcome the opportiuuty to discuss with you wliether and to what extent t]us request can be nai7owed or modified to better enable the Office of the State Auditor &Inspector to process it. I can be reached at 202.780.5750, or dsfevens(n~campai~nforaccountabilitv.or~. If possible, please send the requested records to me via email. Otherwise, please mail they to me at Campaign for Accountability, 611 Peainsylvania Ave., SE,#337, Washington, DC. 20003. Thank you for your attention to this matter. Sincerely, G~-Daniel E. Stevens Executive Director I I A ~~, ~~ ~'l ~ \ ~ ~. f' -' , ~ ~, - - z3oo N. Lincolzl Blvd. a Slate Capitol, Room 100 ~ Olclahom~ Cily, OK 73xc~~ 0 Phone: q.o~•~z1.3~~9~ ° I'a~: 40~,~2~•3~2G February 24, 2075 The Honorat~le Scott Pruitt ~ld~homa Atto~•►1ey General 3I3 NE 21St Street Olclahoma City, OK 7315 Re: Request to release Special Audit - LICRAT Deat• General Pruiit: 'I'lie Office of the State ~uditoi• & I►~sl~ector is respectFully requesCing that the Qffice of Attoxney General g~•a~lt its release of the Lead-Impacted Communities Relocation Assistance Trust(LICRA.T) Special 11uc1 it, The suimna~iorl of our Special Investigation of LICRAT was tr~usmitted to your q~ce in Jatluary 2014: Si~icet•ely, Gary A. Tones, CPA, F~ O(clahoma State Auditor &Inspector _ j , ~t ~ ~:~~~ _, E. ~CC~TT' FRUITY /~TTO£2N~~' C~ET~7ERtlL May 7, 2015 The ~Iollorable Gary A. Josses Okialloma State t~uditor atld Inspecio~~ 2300 N. LiracoJ~l Boulevard, Suite 100 OIc1aIlom~ Ciiy, Oklahoma 73105 Re; LICRA TRUST AUDIT Dear Mr. Tones; The Olclal~oma Attorney General's Office has reviewed your request for authorization to Inlblis~i the Oklahoma State Auditor alid inspector's audit of LICRAT conducted per ~ formal request by our office made ptu~suuit to our authority tulde~~ Title 74 O.S. § 18f. Upon rertiew oI'the audit aid other releva~rt docuinei~ts,the Oldahonla.Attorney General's Ofi"ice does not auttioi~ize tl~e release of said audiC. Specifically, our ofrce is concei7led abotrt publication ofunsubstantiated criminal allegations agavLstprivate citizens,ll'you have any additional question or coilcerus,please do i7ot hesitate to coi~t~ct one. Sincerely, 0. t E. SCOTT FRUITY ATTORNEY GENEI~-1.L it Id.ti. zis~r ti~rt+i~E:r Oi:i.~atio;a,~ Ci~v, Ol:;t~o> ^ (405) Szi-3y,~ • F~~s: (.acs} qzi-C>'z~}C> recyclecJ paper I I .. ,'~i i ~r~~r1 ~ '~ ~l `~ = ~r jl a fit, ~ ~ ~~ ~ ~~ ~ , I) ~ ~ ,~Ir:; •3~{~G 2 230o N. Lincoln Blvd. ~ State Ca~~itol, Room 100 ~ Oldahoma City, OR 7310~ a Phone; q.o~.5 1.3495 @ ~'~a~ 4~~5.521 May 1~, Zois Tl~.e Zlonorable ~, Scott Piltiit Olclal~onla Attoisley General 313 NE 21St Streei Oklahol~la City, OK 73105 Re: LICRA TRUST AUDIT Dear• General Pruiit; We ~~e in receipt of your let~ei• dated May 7, 201 S, in wluch you state yon do not airtl~orize ll~e release o[ the LICP~A. TRUST A~idit. It is our understanc~iiig that you are utilizing yotu• prosecutorial discretion iu your decisiol~ not ~o ptu~sue ct~izninal charges against ally individl~al(s) associated wit11 this signific~u~t expenditut'e of public fiends. 1n ~~esponse, we went to express ot~z• coz~filsioi~ ~s to your statement of concern al~otrt j~trblicairot~ ~f unsttbsta~~ticrtec~ cr~inairtal aXlegalior~s agaz~~st ~~ri>>ate citize~~s. Our office lips received no inquiries fram you or your• stafF regli•diiig the content of the ~udil repoz•t. We a~~e not aware of auy a~»sirbsltn7frq/ecl claims, and Uelieve the audit re~~oz•l repx•esents an accuzate accotuit of our £inditigs resulting Ti~on~ a considerably extexasive and thorough investigation of tl~e ivatter. In addition, your i~se of the Cex~m p~~ivcr/e citizej~s is equally baffling, To our I~~o~vledge, the indivichlals milled iz1 flee report are i~~embers o~ a public(rust or a contractor whose services were retained as p~i~: of this substantive project, VJe do not believe the audit report loz•wlrcled to your office is deficient with regard to co~iteni or suppo~.•ting doelunentation. If you require sltbstautiation of ~n}~ ii~ornlation, we would be liap~~y to provide such to yoiu uivestigators end attorneys ai d hold that the doctullez~.tation obtained in tl~e cotiz•se ofthis special audit: is i~~ore than sltf~icient to substantiate its fi~~clings. ~'~ sincerely, t G~iy A, Jones, CPA,CI'E State Auditor & I~specCor From: Trey Davis Sent: Monday, November 13, 2017 4:13 PM 70: Daniel Stevens Subject: RE: Open Records Act Request Mr. Stevens: Thank you for your email. As you are probably aware, State Auditor Gary Jones concurs fully with the position you have stated. We have made arguments along the same lines to the 01sai.ol<.~ov T j~ ,~ EXf-11~l1' ,~ ,~ ~ ~_=- _' 1 A ! C~ ~ A F November 14, 2017 S~znantha Hatch Office of the Attorney General State of Oklahoma 313 N.E. 21St Street Oklahoma City, OK 73105 By Email: Samantha.hatch c(~,oa~.olc.go~ Re: Oldahoma Open Records Act Request Dear Ms. Hatch: Pursuant to the Oklahoma Open Records Act, 51 O.S. 51, § 24A.1 et seq.("ORA"), Campaign for Accountability("CfA"), a nonprofit watchdog group, requests access to copies of certain audits and related documents regarding the Tar Creek Reclamation site and the LeadImpacted Coimnunities Relocation Trust("LICRAT"). Specifically, CfA is requesting audits and related documents created as part of a review ofLICRAT conducfied by the Office of the Oklahoma State Auditor and Inspector in response to a request fYoin the Attorney General of Oklahoma made pursuant to 74 O.S. § 18f On November 9, 2017, CfA. sent all ORA request to State Auditor Gary Jones requesting these documents. On November 13, the State Auditor responded to CfA's ORA request stating that, while it believed the requested documents were subject to release under the ORA,the Attorney General's Office has insh•ucted the Siate Auditor not to release tlae public documents because "tlie audit is investigatory and both the woz~k payers and final audit report remain part of an investigation ale that is not subject to the Act." Based upo~i statements made by both the Attol~uey General's Office and the State Auditor, this special audit report addresses activities ofpublic officials and a eonh•actox• aeceiving public funds under a conh~act with a public body. The public policy of the ORA,found at 51 O.S. ~ 24A.2, states: As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus,it is the public policy ofthe State of Oklahoma that the ~~eople are vested with tl~e inlserent right to know and be fully informed about their govezxunent. The Oklahoma Open Records Act shall not create, directly or indirectly, any eights of privacy ox• any remedies for violation of any ~•ights o~ privacy; nor shall the Oklahoma Open Records Act, except as specifically set fort7~ in the Oklahoma Opeu Records Act, establish any procedures for G11 PennsYlvania Ave., S.L. #337 ~~Waslzington, D.C. 20003 • (202) 7Rn-575 ~~~~~~1= ~ cainpaignforaccountability.oig ~~ `~" Sama~ltha Hatcll November 14, 2017 Page 2 pz•otecting any pez•son from release of infoi-~nation contained in public records, The purpose of this act is to ensure and facilitate the public's right of access to and review of government records so they play efficiently and intelligently exercise then inherent political power. The z•equested documents are public records. While 51 O.S. § 24A.12 aclaiowledges that the Attozx~ey General may keep "its litigation files and investigatory reports confidential," 51 O.S. ~ 24A.20 provides that access "shall not be denied because a public body ar public official is using oz has taken possession of such records for investigatory purposes or has placed the records in a litigation or investigatiozl ale." The State Audiloz• maintains the documents requested Uy CfA are public records under the ORA znd, but for the Attorney General's directive, would release them. The State Auditor has consistently released special investigation audits ~erfoi-~ned at the request of other agencies. See e.g. Tkie Association of Cotuity Commissioners of Oklahoma Investigative Report(Feb. 29, 2016); Tulsa County Sheriffs Office Inmate Tnist Account v~vestigative Audit(Jan, 9, 2017); Ottawa Reclamation Authority Special Audit(Sept. 13, 2006). Therefore, CfA requests that the Attorney General either provide the requested documents or direct the State Auditox to release the requested documents. See 51 O.S. § 24A.20 ("[A] law enfoz-cement agency may deny access to a copy ofsuch a record in an investigative file if the record or a true and complete copy thereof is available for public inspeciioi~ aild copying at anot~ier public body.") The Oldahoma S~Ypreme Caurt has said that a public body claiming exemption fiom the requested disclosure has the burden to prove t11at an exemption applies. Citizens Agaznst Taxpayer• Abuse, Iric. v. City of Oklahora~a City, 2003 OK 65, ~( 12. The Court also has said government officials must consider in ruling on records requests that "disclosuze is to be favored over a finding of exemption." Tirlsa Tribune Co. v. Okla. Horse Racing Cornrnission, 1986 OIL 24, ¶ 23. Tf all or some of this request is denied, please cite in writing tl~e specific statutory exemption being clauned. Where possible, please produce zecords elec~-onically. CfA seeks records of any kind, including electronic reeoids, audiotapes, videotapes, and photographs. This z•ec~uest includes atiy letters, en~ails, facsimiles, telephone messages, voice mail messages, and h•anscripts, notes, or minutes of any meetings, telephone conversations, or discussions. This request also includes any attachzneuts to these records. The ORA requires public bodies to provide "pz•ompt, reasonaUle access to its a•ecords." S 1. O.S. § 24A.5.6. If the requested records are not to be produced on or before November 20, CfA requests that you detail the specific exemptions upon which you are relying to wi~l~iold these public records. Sarna~ltha Hatch November 14, 207 Page 3 Fee Waiver Request The Oklahoma Ope~u Records Act prohibits the charging of a search fee when the release of the "documents is iii the public interest, including, but not limited to, release to the news media, schola~•s, authors and taxpayers seeking to cletezmine whether those eutnlsted with the affairs of the govei-~u~lent are honestly, faithfully, and competently perfo~-n~ing their duties as public seivauts." 51 O.S. § 24A.5.4. CfA is a non-profit watchdog group and the records t•equested, as the correspondence between the State Ariditor and the Attorney General evidence, relate to the issue of whether public servants have honestly, faithfully and competently pei•fo~-med their duties. Further, the subject of this z•equest will likely contribute to a better undez•standing of whether the State Auditor uncove~•ed any evidence of criminal wrongdoing regarding LICRAT's management of tike Tar Creek superfund site. Therefore, CfA's request clearly falls within 51 O.S. § 23A.5.4 az7d a fee waiver is appropriate. Should a fee waiver not be availzble, CfA agrees to 'pay up to $100 for copies of the requested records. If copying fees are expected to exceed this amount, please contact me. Finally, I welcome the opportunity to discuss with yogi whether and to what extent this request can be ~~arrowed or modified to better enable the Office of the Attorney General to process it. I can be reached at 202.780.5750, or dstevens@cainpaig7lforaccountability,org. If possible, please send the requested records to me via email. Otherwise, please mail them to me at Campaign foz• Accountability, 611 Pennsylvania Ave., SE,#337, Washington,DC. 20003. Thank you for your atte~ltion to this matter. Sincerely, Daniel E, Stevens Executive Director `~ '~~~~ f-r~%'' I~z~ HurrTER ATTORNEY GENERAL Abby Dillsaver General Counsel to the Attorney General November 15, 2017 Executive Director Daniel E. Stevens Campaign for Accountability 611 Pennsylvania Ave., SE #337 Washington D.C. 20003 Sept via electronic rail to dsteveres@campaignf'or~c~ouratabilify.oa~~ Ike: ~pee~ ~ecorcis A.ef request, our infernal number 17 OR~i 140 Dear Mr. Stevens: This letter is in response to your Open Records Act request for the following: [A]ccess to copies of certain audits and related documents regarding the Tar Creek Reclamation site and the Lead-Impacted Communities Relocafiion Trust ("LICRAT"). Specifically, CfA is requesting audits and related documents created as part of a review of LICRAT conducted by the Office of the Oklahoma State Auditor and Inspector iii response to a request from the Attorney General of Oklahoma made pursuant to 74 O.S. § 18f.. The Open Records Act exempts from disclosure the investigative and litigation files of the Attorney General's Office, 51 O.S.Supp.2016, § 24A,12. We lave reviewed our records in accordance with your request and have determined that any responsive documents which may exist would be exempt from disclosure under this section of the Open Records Act, 313 N.E, 21sr S-rReer a Otcuxot~+n Carr, OK 73105 m (405) 5213921 • Fnx:(405) 521-G24G b l recycled paper . — -- -- -- - --- ,_ - 1 This response connpletes your Open Records Act request to the Oklahoma Attorney General's Office and closes your file. Sincerely, Abby Dillsaver GENERAL COUNSEL TO THE ATTORNEY GENERAL