RE: Poteau Valley Improvement Authority July 26

Appears the self addressed stamp envelop did not work. Here is the official reply.

I wonder what they would say if I showed up with my personal scanner and PC, by passing the 25 cent copy rule? Fortunately I am already scheduled off this coming Friday, but the question on Monday will be if they will have anyone availible. 



Reference to: My Experience on getting information post

********Update July 29, 2012****************

I received some additional knowledge based on his reply.

Regarding the letter requiring their staff being availible:

But, you do not need to make an appointment to see public records. Public bodies are required to designate someone to be available at all times during their regular business hours to release records. (OKLA. STAT. tit. 51, &3167 24A.5(6)) So if a staff member is not available, the agency is in violation of the Open Records Act.

Regarding my question on bringing my own scanner, as opposed to 25 cent copies:

Requesters must be allowed to use their “own copying equipment . . . as long as [that] copying process does not unreasonably disrupt the essential functions of the public body or result in defacing or loss of such records,” Edmondson said in 2006. “A digital camera or an electronic scanner is a copying device, as are a pen and paper or a photocopy machine.”

(2006 OK AG 35, ¶ 14 (relying upon 51 O.S. Supp.2006, § 24A.5(5); Transp. Info. Serv. Inc. v. State ex rel. Okla. Dep’t of Corr., 970 P.2d 166, 172 (Okla. 1998)). “Nowhere in the Act does the law prohibit requesters of records from making copies of such records themselves, nor does it require that copies of the requested documents must be made by an employee of the public body. For years, companies or individuals have made manual notes and sometimes even microfilm of information in public records, such as recorded land title instruments,” id. ¶ 11 (relying upon Am. First Abstract Co. v. W. Info. Sys. Inc., 735 P.2d 1187, 1188-89 (Okla. 1987))

HOWEVER, Edmondson said the statute “contains no provisions requiring a public body to provide a source of electricity to power a copying or electronic device of the person requesting records.” (Id. ¶ 18)


About Matt Cole

Sr. Interface Analyst by day, and Writer by night. Google+| Facebook| Pinterest|Main Site|Plexus Ambassador#280147
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