Hennessey Town Trustees have the legal right to view any records, but just because they have that right doesn’t mean they can share it with anyone else, except other board members.

It’s the same as a board member not being able to share what took place in an executive session.

That’s what Mick Dodson, director of Compliance and Public Information for the State Auditor & Inspector’s Office, said at the July 13 trustee meeting at Town Hall.

It’s a trustee’s job and they have more invested than a citizen, so they are not required to make an open records request to get information, the board was told.

Trustee David Jones invited Dodson to attend the meeting to explain the state’s open record laws.

Jones said last month he’d been asked by a family friend to see a police officer’s body camera footage. But since it was a friend, he asked Vice Mayor Harold Shaw to get involved.

“That was more than 13 months ago and he hasn’t seen it yet,” Jones said. He added that he didn’t blame the police chief for the lack of cooperation.

All trustees were present at the monthly meeting: Mayor Clif Vogt and Trustees Bert Gritz, Randy Bohnstedt, Jones and Shaw.

About a State Audit

Jones had mentioned in other town meetings about calling for a state audit.

“We will do it,” Dodson said. “It will cost $75,000 and take six months.”

He suggested board members work to get on the same page, but he didn’t expect them to start “singing Kumbaya” right away.

While Dodson was in college, then law school, he was on the city council in his hometown of Mannford.

“I see both sides of serving on a board, and following the law,” he said.

3-2 Vote Questioned

Jones asked if a 3-2 board vote last month would keep him from seeing that body camera footage.

“That wouldn’t carry any weight,” said the state official. “State law would supersede that vote.”

Jones referred to a resolution by Gritz that, among other items, would require the police chief to review any recordings from an officer’s body camera, or other recordings, have it reviewed by the town administrator, then trustees in an executive session if disciplinary action was not resolved by the administrator or department head.

Gritz, Vogt and Bohnstedt voted in favor with Jones and Shaw voting no.

“What’s the recourse if someone breaks the confidentiality requirement?” Gritz asked.

“There isn’t a lot of recourse,” said Dodson. “If someone is harmed by it, then that could bring a civil lawsuit. Or, possibly go to the district attorney to see if they would file charges.”

“Could a trustee be sanctioned by the board?” asked Gritz.

“They could file a tort case,” Dodson said.

Public Records

Dodson said when someone comes into Town Hall for a public record, they may only be asked: “Are you going to use this record to make money?”

Hennessey’s record request form asks why they want the record, which is not legal, but they use the state law required 25 cents for a copy of the records.

Gritz asked Dodson if he could send a template for a correct record request form.

Jones said he has one from Guthrie.

Gritz asked if the document should be reviewed before making a copy.

“There are federal laws about seeing health-related records and Social Security numbers on personnel records should be redacted,” the state lawyer said. However, his office was able to see all of the Social Security numbers in the state Health Department records because they were looking for “ghost employees.”

Jones said since they are trying to hire some new administrative staff, he wants to look back to see what others were paid, “but he doesn’t expect any special treatment.”

“Of course you’ll get special treatment, you’re a trustee,” said Dodson.

Where Are Records?

Since records are supposed to be available in a “timely manner” that’s a problem right now.

“We don’t know where they are,” said Town Treasurer Shelly Burch. “That’s something Tiffany (former administrator) handled.”

Burch is the senior member of the Town Hall staff with eight years. Denise Meloy, accounts receivable clerk, was hired in December, and Georgie Tillman was hired as accounts payable/payroll clerk this month.

“Call us,” said Frank Crawford from the audience. He’s president of the town’s accountants, Crawford & Associates. “We can look it up on our computers.”

“What do you do if someone comes in and wants 20 years of water sampling copies?” asked Gritz.

It was suggested they call the state Water Resources Board, or other state agencies, or companies that might have that information.

It was suggested they could shut down Town Hall for a couple of days until they could get a handle on the records.

Gritz also suggested to work with the high school about getting a student next month in their intern program.

About Mick Dodson, JD

Dodson earned a bachelor’s degree in political science and journalism/ broadcasting with an emphasis in public relations from Oklahoma State University in May 2005. He attended the University of Tulsa College of Law where he achieved his juris doctorate degree with a certification in public policy in 2009 and joined the Oklahoma Bar Association that same year.

He also earned TU’s College of Law’s Excellence for the Future and Phi Delta Phi awards in administrative law and professional responsibility in 2009. Prior to joining SAI in 2011 as an investigative auditor, he served on the city council in his hometown of Mannford (2006-09) and worked for the Tulsa County District Attorney’s Office while in law school. He graduated from the FBI Academy in 2011 and has been certified by the Oklahoma State Department of Education as an open meetings/open records legal instructor since 2016. Dodson assumed his current duties as director of compliance in 2019.