OPEA

OKLAHOMA CITY (November 19, 2009) – 

The Oklahoma Public Employees Association has filed a complaint against the state Department of Mental Health and Substance Abuse Services, alleging violation of the Open Meetings and Open Records Act.

OPEA filed the complaint today with the Oklahoma County District Attorney’s office, saying the DMHSAS “blatantly violated the Open Records Act” at the agency’s meeting November 13th.

“The DMHSAS Board specifically took action to close several programs across the state, and implement a reduction-in-force that will affect 100 employees,” said OPEA Executive Director Sterling Zearley.  “This agency’s commissioner and board are not above the law.  What they did was under-handed and in direct violation of the law.”

The actions were taken under an agenda item titled “Discussion and Possible Action Regarding Monthly Financial Report.”  According to Oklahoma Statutes Title 24, Section 303, “[a]ll meetings of such public bodies…shall be preceded by advance public notice specifying the time and place of each such meeting to be convened as well as the subject matter or matters to be considered at such meeting.”  Accordingly, DMHSAS failed to comply with the Open Meeting Act in failing to adequately provide sufficient notice of the issues for which the board knew would be discussed.

“We believe they (DMHSAS) intended to deceive the public, employees and members of the press to prevent questions or opposition to their actions,” Zearley said.  “We are asking the Oklahoma County DA to investigate, and if a violation is found, we are asking the board action taken November 13th be deemed invalid, and fines levied against the Board,” Zearley concluded.