Via email
Oklahoma Department of Public Safety
c/o Christa Alderman, Assistant General Counsel
(christa.alderman@dps.ok.gov)
Re: Public Access Counselor Complaint No. 2025-039
Dear Counsel,
This is an official advisement regarding the above-referenced complaint (“Complaint”) submitted to this office pursuant to 51 O.S.Supp.2025, § 24A.40. The Public Access Counselor (“PAC”) received the Complaint on September 2, 2025 from Corey Jones, a journalist with the Tulsa World. The Complaint alleges that the Oklahoma Department of Public Safety (“DPS”) made improper redactions to records made available to Mr. Jones in response to his Open Records Act request related to DPS’s investigation of a vehicle pursuit by the Oklahoma Highway Patrol that resulted in a crash and fatalities.
Per the terms of 51 O.S.Supp.2025, § 24A.40(F), I conducted an initial review and determined the Complaint warranted a response from DPS. In its response, DPS argues that the redacted information amounts to “personnel records” that “relate to [an] internal personnel investigation[],” which may be withheld under 51 O.S.Supp.2022, § 24A.7(A). Specifically, DPS explains that an investigation was conducted to determine whether the trooper’s actions were consistent with DPS policy. If found to violate DPS policy, the trooper could face disciplinary action. DPS Policy 301.4.
Upon review of the records provided by DPS and consideration of DPS’s response, I have determined the following:
- Under 51 O.S.Supp.2022, § 24A.7(A)(1), a public body, in its sole discretion, may keep confidential any records “relate[d] to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline or resignation[.]” (emphasis added).
- The Complaint requested two types of documents: (1) unredacted and complete version of the Use-of-Force packet and pursuit packet, and (2) any and all records that DPS withheld as “personnel records” pursuant to 51 O.S.Supp.2022, § 24A.7(A).
- DPS reasonably claims that the redacted information meets the criteria set forth in 51 O.S.Supp.2022, § 24A.7(A)(1) and, as such, it may deny public access to the records per the plain terms of that provision. Likewise, other records provided by DPS and reviewed by this office also satisfy this “personnel records” exception.
Based on the information available to me at this time, I conclude that DPS has a good-faith legal basis to deny access to the information and records referenced in the Complaint. Under 51 O.S.Supp.2025, § 24A.40(G), no further response is required. If you have any follow up questions, please do not hesitate to contact me at (405) 522-2771 or by email at opengov@oag.ok.gov.
Sincerely,
Anthony Sykes
Assistant Attorney General
Public Access Counselor
cc: Corey Jones (via email)
