Via email
Wagoner Public Schools
c/o Eric D. Wade
ericw@rfrlaw.com
Re: Public Access Counselor Advisement – Complaint No. 2025-098
Dear Wagoner Public Schools,
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 December 11, 2025, from Richard Vann, a private citizen. The Complaint alleges that the Wagoner Public Schools (“WPS”) improperly denied a request under the Oklahoma Open Records Act (“ORA”) for a list of all sponsors and organizations who purchased advertisements to be displayed the football field/stadium. According to the Complaint, WPS advised Mr. Vann that it was not in possession of the list for one of the years requested and invited Mr. Vann to Wagoner High School to review any WPS records from previous years.
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 WPS. In its response, WPS argues that the record sought by Mr. Vann, to the extent it exists, would be on a previous employee’s computer, to which WPS does not have access. WPS further states that Mr. Vann may inspect WPS financial records and make copies.
Upon review of the records provided by WPS and consideration of WPS’s response, I have determined the following:
- The advertisement purchases are reflected in WPS records, as defined by the Oklahoma Open Records Act. 51 O.S.Supp.2025, § 24A.3(1). As such, they must “be open to any person” unless otherwise exempt by virtue of another provision of the ORA. Id. § 24A.5.
- Moreover, the ORA requires all public bodies to “keep and maintain complete records of the receipt and expenditure of any public funds reflecting all financial and business transactions related thereto[.]” 51 O.S.2021, § 24A.4. Accordingly, WPS was required to maintain records of the advertising purchases described in the Complaint.
- With that said, the Complaint involves a request for these records in a specific format – a list that apparently was compiled by a former employee. While WPS had such a list in its possession for the 2024-25 school year (and provided it to Mr. Vann), the list for the 2023-24 school year, if one exists, is on the computer of a former WPS employee and is inaccessible to WPS.
- Instead, WPS offered to make all financial records available to Mr. Vann for inspection and copying. Assuming that these records are complete as required by 51 O.S.2021, § 24A.4, that is all that is required of WPS. As the Oklahoma Supreme Court recently stated, “The ORA does not require the production of documents in any specific format or even that the records be produced in the format in which they were created or maintained. Rather, the ORA gives the agency leave to determine how it will accept and respond to records requests.” Brook v. Reed, 2025 OK 86, ¶ 16, 581 P.3d 86, 91 (citing 51 O.S. § 24A.5). The ORA requires only that the records be made available for inspection, copying, or mechanical reproduction during regular business hours and that “[a] public body must provide prompt, reasonable access to its records[.]” 51 O.S.Supp.2025, § 24A.5.
Based on the information available to me at this time, I conclude WPS has made a good-faith effort to comply with the ORA by offering inspection and copying of the sought records. Under 51 O.S.Supp.2025, § 24A.40(G), no further response to the above-referenced Complaint is required. If you have any 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: Richard Vann (via email)
