fy pai IN THE DISTRICT COURT OF OKLAHOMA COUN" WC LOGAN PHILLIPS, an individual, Plaintiff, v. cv202- eo CV 2022-1586 Defendant, PETITION FOR RELIEF FOR VIOLATION OF THE OKLAHOMA OPEN RECORDS ACT Plaintif, Logan Phillips (Rep. Philips", for his Pesion against the Oklahoma Office of Management and Enterprise Services (Defendant) alleges an stats as follows: FACTS 1. Rep. Philip sa member ofthe Oklahoma House of Representatives and presently represents House District 24. As a member of the Oklahoma House of Representatives, Rep Philips is charged with ensuring public expenditures are made appropriately and in accordance with hela 2, Asaresult, on May 4,2022, Rep. Phllips’s office began ms ing inguities into the State's expenditures of the Governor’s Fmergency Education Relief Funds (“GEER”) under the CARES Act, Rep. Phillips's office initially contacted Caden Cleveland, Director of Legislative and Public Afuts for Defendant. Rep. Philips's office inquired as to whom he should submit an Oper Records Act (“ORA") request. Mr. Cleveland responded, in relevant part: “{¥jou don't haveto Records Request since vou're [in] the legislature, You can just shoot my an email on what you want and I'l get it for vou.” (Emphasis supplied.)3. On May 5* and 6, Rep. Phillips's office followed up with Mr. Cleveland, who responded on May 6% at 415 pm. in pertinent part and contrary o his earlier represrttions: so nothave acces othe info, but spoke with Dir Harpe about it and he want us to geta time set up.” A meeting with Director Harpe and Secretary of State Brian Bingman occurred shortly thereafter, but no documents were produced, and Director Harpe and Secretary Bingman advised that while they could not produce the records to Rep. Phillips, they would bring a laptop for him to review said records, Contrary to their representations, no laptop was produced. Indeed, no 4, In addition to his direct requests to OMES, Rep. Phillips also submited Open Records requests to Governor Stit and Secretary of Education Ryan Walters. No response was ‘ever received from these requests. See: Exhibit “A.” 5. Defendant’ failure to produce the records is likely because approximately one ‘month ago the U.S. Department of Education Office of Inspector General issued an audit that “sharply evticizes Oklahoms officials for a lack of transparency, oversight and accountability in_the_use_of coronavirus relief funds that were intended for education” Se: ‘hups://abenews, go.com/ealth’wireStory/auit-rtical-oklahomas-education-eligf-funds- 87132048 (emphasis supplied). 6. Insite of Rep. Phillips repeated requests, Defendant has wholly failed to produce the documents sought in relation to GEER expenditures. Further, the U.S. Depertment of Education Office of Inspector General audit proves thatthe documents Defendant is withholding ‘contain information of public import.7. Defendant nas refused to produce ina prompt and reasonable manner records of public body tha are subject to disclosure under the ORA and that were requested by Rep Philips. 8 Rep. Phillis brings this action pursuant to Okla Stat. tit St, § 24A.17(B} seeking eclrativeandinjunetivereliein the form ofan order stating that Defendants failure to provide the requested reords is uslawful and requiring Defendant to make the requested records available toRep. Philips 9. Defendant is an agency of the State of Oklahoma created by Okla, Stat. tit. 62, § 10. Defendant's a “public body” within the meaning of the ORA. See: Okla, Stat. tt. 51, § 24430). 11, Defendant serves asthe State's central finance agency and assists state agencies in. ‘managing money through budgeting, accounting, purchasing, etc. ‘The GEER funds constitute public expenditures. CLAIMI Rep. Phillips incorgorates paragraphs 1-11, above, as though fully pled herein, 12, The ORA is designed to “ensure and facilitate the publie’s right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power.” Okla. Sti. tt 51, § 244.2. 13. Defendant possesses records responsive to Rep. Phillips's request 14, There is no legal basis for Defendant to refuse to disclose the requested records indeed, Defendant already volunteered to produce a laptop with the documents containe¢ therein 15. To date, no valid basis for refusing to produce the documents has been provided,16, Production of the requested documents serves the public interest by providing legislative oversight of the manner, method, and ultimate expenditure of public funds. In this case, given the extreme mismanagement ofthe GEER funds as documented by the audit performed by the US. Deparment of Education Office of Inspector General, it appears that Defendant is ‘withholding documents in order to prevent a determination of culpability forthe malfeasance and to prevent the legislature or other oversight bodies from performing their workin the public interest. 17. Accordingly, Rep. Phillips requests that the Court enter an order declaring the records sought by Rep. Philips subject tothe ORA, determining tht Defendant refused to produce the documents in violation ofthe ORA, and requiring the prompt production ofall requested records that have been improperly withheld fom Rep. Philips. 18, Further, Rep. Phillips requests an order preventing Defendant fom recovering search fers fiom Rep. Philips and proving that any fes for copying shold only be chargeable to the extent of reasonable direct costs, warding Rep. Phillips his fees and costs in this mater, and any and all other relief to which Rep. Phillips is ented WHEREFORE, Plaintif, Rep. Logan Phillips, requests that this Court grant reli as prayed for herein, or as may otherwise be proven at tral, including an award of fees and cst, and any and all other relief to which Rep. Logan Phillips is entitled by law or equity.Collin R: Walke, OBA #22 SELECT LEGAL SERVICES, LLC. 5219 N. Miller Place Oklahoma City, Oklahoma 73112 (40s) 837-2982 call look. Attomey for PlaintiffRepresentative Logi Pillps Comite ‘State Capito, Room #85 2300NLneain Sauer ‘ABB Solace Agencis: Ottahome city, Ok 73308 ‘House of Representatives — wrescevonacoeerreen, Office: 405-857-7306 F OKLAHOMA mos Logan hillips@okhcuse gov STATE Set ecicay May 4, 2022 Kevin} tit ‘oxtanoma Governor 2300 N. Lincoln Blvd, Oklanoma City, OK 73105, Desr Governor St, Under the Okiahoma Open Records Act. 51 §24A.1 et seq, | am requesting an opportunity t inspector ‘obtain copies of public records ofall purchase Uansactons of Ue Bridge Ue Gap Digital Wallet Program, If thore are any fees for aeerching or copying these records, please inform imeif Une cust will ateed {$100.00. However would alo lke to request a waiver ofall fees in that the disclosure ofthe requested Information isn the public interest and will contribute sigifcanty to the publi’s understanding of how the funds were spent. As State Representative this information is required for accountabilty tomy constituents. This information isnot being sought for commercial purposes. | would request a prompt respanse to ths request. If you expecta significant delay in responding to or in {uifilling this request, please contact me with information about when | might expect copies a the ability to inspect the requested records Ityou deny any or all ofthis request, please cite each specific exemption you feel justifies the refusal to release the information and notty me ofthe appeal procedures available to me under the law. “Thank you for considering my request Sincerely, AR Logan Philips State Representative District 24 Office: 405557.7306) Mobile: 918.549.1512 AFepresetative Logan Phiips Commitee Stan Coto Room 455 2500 tein Soived . thon OF 7508 House of Representatives Caenratnacienge ‘ABB Selec Agencies ioherdcation & Carer Teh Rates STATE OF OKLAHOMA Chai of Teraogy May 4.2022 Ryan Walters Secetary of Ecucaton 22500 N. Lincoln Blu “Oklahoma City, OK 73105, Dea Secretary Walters, Under the Oklahoma Open Records Act, 51 §24A.1 et seq. am requesting an opportunity t inspector ‘obtain copies of pubic records of all purchase transactions ofthe Bridge the Gap Digital Wallet Program, lf there are any fees for searching or copying these records, please inform me if the cost wil exceed $100.00. However, | would also lke to request a waiver of all fees in that the disclosure of the requested information isin the public intorest and will contribute significantly to the public's understanding of how the funds were spent. As a State Representative this information is requited for a2countabilty to my constituents This information is not being sought for commercial purposes, | would request a prompt response to this request. Ifyou expect a significant delay in responding to or in fulfilng this request. please contact me with information about when | might expect copes or the ability to inspectthe requested records. you deny any or all of this request, please cite each specific exemation you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. “Thank you for considering my request. Sincerely, fm Logan Phillips ‘State Representative District 24 (Office: 405.557.7306) Mobite: 910.049.1512