The Daily O’Collegian

Police in Payne County are much better at obeying the state Open Records Act than they were nearly a year ago, a recent Daily O’Collegian audit found.

An audit, which the newspaper performed this past fall, found that several agencies violated the law by refusing to release public records and not having someone available to handle records requests.

“I believe that the audit last year was beneficial to both parties involved,” said Noel Bagwell, a Payne County Sheriff.

An Oklahoma Press Association official said police “typically have a protectionist mentality, so when they violate the act, they generally believe they have a good reason to do so.”

Mark Thomas, OPA executive vice president, said police departments aren’t exempt from the law, however.

“…The law must be followed by law enforcement agencies as well, or we have chaos,” he said.

The Daily O’Collegian recently audited the Stillwater Police Department, the Payne County Sheriff’s Department, the Cushing Police Department and the Perkins Police Department as it had last October and November.

As it did last year, the newspaper requested jail registers, call logs and employment applications for police chiefs. It also requested this year’s departmental budgets. Though the recent review revealed some violations of the Open Records Act, most agencies improved significantly in some way over last year’s audit.

This past year, the sheriff’s office refused to release records containing personal information. This year, however, the department redacts exempted information and releases the remaining document as the Open Records Act requires.

A year ago, no one was available during regular business hours at the Perkins Police Department to fulfill records requests as required by the law. Now, a sign on the department’s door directs all visitors to the adjacent city offices if no one is in the police department.

Just as in Perkins, the Cushing Police Department last year did not have a records clerk available during regular business hours. A deputy police chief called the requirement “unrealistic.” But this year, a records custodian was available during each visit.

Violations this year include failure to have someone present who was authorized to access personnel files in the sheriff’s office and Cushing not having filed its list of records fees with the county clerk’s office as required by the statute.

“Personnel records are locked,” Bagwell said. Only Bagwell and two other department officials have access to the key, he said.

Bagwell, who was undersheriff before his recent appointment as sheriff, provided a copy of his original employment application within minutes of being asked for it.

Even though Cushing’s fees were not filed with the county clerk, they were posted at both the city clerk’s office and above the window of the police department’s records office.

Police officials in Cushing, Perkins, Stillwater and the Payne County Sheriff’s Office provided records much more quickly than during last year’s audit.

Thomas said open records audits are worthwhile if done with the goal “of creating a higher understanding between the parties, and a more informed electorate.”

“Many times, audits are done so we can give awards to ourselves for being so vigilant, but the real question is whether we’ve improved anything in the eyes of the public,” said Thomas. “If so, the audit was a success.”