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Fabian & Associates, P.C. v. State ex rel Dep't of Public Safety7/6/2004
the transaction of official business[,] the expenditure of public funds, or the administration of public property. . . ."
The tape recording of revocation hearings is permitted by statute. 47 O.S.2001, § 754(F). Therefore, it is made "pursuant to law*fn4 . . . or in connection with the transaction of public business. . . ."
We hold that the tape recordings made of revocation hearings are records subject to public inspection under the Open Records Act, and are records subject to preservation pursuant to the Records Management Act. Accordingly, the judgment of the trial court is reversed and remanded directing the trial court to grant injunctive and other relief pursuant to 51 O.S.2001, § 24A.17(B) and consistent with the views expressed in this opinion. Section 24A.17(B) provides that any person denied access to a public record and who successfully brings a civil action for declarative or injunctive relief is entitled to reasonable attorney fees. A motion for appeal-related attorney fees must be made prior to issuance of mandate. Okla.Sup.Ct.R. 1.14. Pursuant to the appellant's petition, the trial court shall issue an injunction prohibiting the appellees from destroying future tape recordings unless done in accordance with The Records Management Act.
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