IN THE DISTRICT COURT OF OKLAHOMA COUNTY

STATE OF OKLAHOMA FILED IN THE DISTRICT COURT

OKLAHOMA COUNTY, OKLA.
OKLAHOMA PUBLIC EMPLOYEES SEP 21 2010
ASSOCIATION,
PATRICIA PRESLEY, COURT CLERK

by
Plaintiff, DEPUTY

VS. CJ-2010-2623

STATE OF OKLAHOMA, ex rel.,

OKLAHOMA OFFICE OF PERSONNEL
MANAGEMENT,

Defendant. Consolidated with

OKLAHOMA PUBLIC EMPLOYEES

ASSOCIATION,

VS. CJ-2010-5186

STATE OF OKLAHOMA, ex rel.,

OKLAHOMA OFFICE OF STATE
FINANCE,

Defendant.

JOURNAL ENTRY OF JUDGMENT

ORDER GRANTING SUMMARY JUDGMENT

NOW on this 21' day of September, 2010, the Court, having

reviewed the following Motions for Summary Judgment:

1.) Intervening Defendant Oklahoma Publishing Company (OPUBCO)

filed on July 8, 2010;

2.) Defendants Office of Personnel Management (OPM) and Office of

State Finance (OSF) filed on August 13, 2010;

3.) Intervening Plaintiff Nancy Pellow filed on August 13. 2010;

4.) Plaintiff Oklahoma Public Employees Association (OPEA) filed on

August 13, 2010; and

 5.) Intervening Defendant World Publishing Company (Tulsa World)

filed on September 16, 2010,

and all of the Responses, Objections, and Replies thereto, including the

Response of the Intervening Plaintiffs The Oklahoma State Troopers

Association and the Oklahoma Department of Public Safety filed on September

10, 2010 and the Amicus Briefs of CompSource Oklahoma filed on August 20,

2010, and Local TV, LLC, et al filed on August 20, 2010.

The Court, being fully advised in the premises, finds that said Motions

can be decided without a hearing pursuant to District Court Rule 4(h) and can

be decided upon the extensive Motions and briefs filed herein.

The Court finds as follows:

1. All parties to this case have standing to be parties in this consolidated

action.

2. The Defendants OPM and OSF have access to the public records that

are the subject of the Open Records Act Request by OPUBCO and the Tulsa

World.

3. There are no material facts in controversy and Summary Judgment is

appropriate in this matter.

4. The Motion for Summary Judgment filed by the Defendants OPM and

OSF is sustained. The Court specifically rules that:

a.) Employee Identification Numbers are not subject to disclosure

by any state agency;

b.) As to the dates of birth of State employees, the Attorney

General Opinion, 2009 OK AG 33, correctly states the law on

this subject as set forth in the first subparagraph of

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 Paragraph 31. The balancing test for the public body to

determine if the date of birth for the employee is an

"unwarranted invasion of [the] personal privacy" of the

employee is properly set out by the Attorney General in this

opinion. The employing agency shall make the determination

of whether this is an unwarranted invasion of the personal

privacy of the employee without notice and hearing to the

employee. City of Lawton v. Moore, 1993 OK 168. There is no

right to notice and hearing for the employee under the Open

Records Act. 51 O.S. §24A.7(A)(2); and

c.) The Equal Protection challenge to the Attorney General's

balancing test is denied as this is governed by the rational basis

test and a rational basis exists for the agency heads to exercise

this test over their employees.

5. The Motion for Summary Judgment by Intervening Plaintiff Nancy

Pellow is sustained to the extent that the Open Records Act excludes from

disclosure the records, including personnel records, of Legislative staff. These

records cannot be disclosed under any circumstances. 51 O.S. §24A.3(2). The

remainder of her Motion is sustained in part to the extent that it is consistent

with this Order and denied in part to the extent that it is inconsistent with this

Order.

6. The Motions of the Intervening Defendants OPUBCO and Tulsa World

are denied.

7. The Motion of Plaintiff is sustained in part to the extent that it is

consistent with this Order and denied in part to the extent that it is inconsistent

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with this Order.

8. Summary Judgment is granted as to the claims made by Intervening

Plaintiffs the Oklahoma State Troopers Association and the Oklahoma

Department of Public Safety in accord with the rulings made in this Order.

9. The Court reserves the ruling on costs and attorney's fees, if any, upon

a hearing on a timely and properly filed motion.

IT IS THEREFORE ORDERED by the Court that the Defendants OPM

and OSF's Motion for Summary Judgment is sustained and the other Motions

for Summary Judgment are sustained in part, denied in part or denied in full as

stated hereinabove.

IT IS FURTHER ORDERED by the Court that Defendants OPM and OSF

are enjoined from:

1.) Disclosing the Employee Identification Number of any state

employee; and

2.) Disclosing any records and personnel records concerning Legislative

staff.

IT IS FURTHER ORDERED by the Court that Defendants OPM and OSF

shall follow the procedure set out in Attorney General Opinion, 2009 OK AG 33,

for the employing agency to make the determination as to the disclosure of the

dates of birth of state employees, excluding Legislative staff. The employing

agencies shall not give notice or conduct a hearing as to individual employees

on the issue of whether this is an unwarranted invasion of personal privacy.

State agencies shall have 60 days from the date of this Order to report their

decision as to the disclosure or nondisclosure of their employees' dates of birth

to Defendants OPM and OSF. After 60 days, Defendants OPM and OSF shall

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 disclose to Intervening Defendants OPUBCO and the Tulsa World the dates of

birth of employees whose employing agencies have not prohibited the

disclosure of this information.

Certificate of Mailing

This is to certify that on the 21st day of September, 2010, a copy of this
Order was mailed by the Court Clerk to the following:

Gregory Metcalfe Michael Minnis

Assistant Attorney General 201 Robert S. Kerr, Ste. 700
Attorney General's Office Oklahoma City, OK 73102-4203
Litigation Division
313 N.E. 21 st Street
Oklahoma City, OK 73105

Kevin Donelson Robert D. Nelon

100 N. Broadway Ave., Ste. 1700 Chase Tower, Ste. 2900
Oklahoma City, OK 73102-8805 100 N. Broadway
Oklahoma City, OK 73102-8865

Nancy Pellow Gary James

P.O. Box 21524 P.O. Box 2443
Oklahoma City, OK 73156-1524 Oklahoma City, OK 73101-2443

WelIon Poe Thomas Prince

General Counsel P.O. Box 2911
Department of Public Safety Edmond, OK 73083-2911
P.O. Box 11415
Oklahoma City, OK 73136-0415

J. Schaad Titus
15 E. Fifth Street, Ste. 3700
Tulsa, OK 74103

I, PATRICIA PRESLEY, Court Clerk for Oklahoma

County, Okla., hereby certify that The foregoirg
true, correct and complete co ny of no instru - is a Deputy Court lerk
herewith set out as ap ears o( record in the mr4nt
Court Clerk's Office o Oki oma County, Dis?rtt
this f;121._day of Okla.,
PATRI* A PR Ix Y, Court Clerk
/.11/11