Summary judgment ruling rejects state’s Open Records Act arguments in dispute over former director’s payout
OKLAHOMA CITY — An Oklahoma County judge has ordered the Oklahoma Department of Wildlife Conservation to release a confidential severance agreement negotiated with former Executive Director J.D. Strong, handing a victory to government transparency advocates in an Open Records Act lawsuit.
District Judge Don Andrews granted summary judgment in favor of Oklahoma Voice Editor Janelle Stecklein and denied the state’s competing motion for summary judgment, concluding the case could be decided as a matter of law without a trial. Oklahoma County court records show Andrews sustained the plaintiff’s motion and overruled the defendants’ motion following a July 16 hearing on the parties’ cross-motions for summary judgment.
The lawsuit challenged the Wildlife Department’s refusal to release a severance agreement executed after Strong resigned in December 2023. Strong received a severance payment of $169,341.
According to Oklahoma Voice, Andrews ruled the agreement is a public record subject to disclosure under Oklahoma’s Open Records Act despite a confidentiality provision included in the agreement. The judge ordered the Wildlife Conservation Commission to release the document.
Competing interpretations of the Open Records Act
The case centered on whether the severance agreement qualified for an exemption allowing certain personnel records to remain confidential.
Attorneys representing the Wildlife Department argued the agreement was a confidential personnel record relating to Strong’s resignation and that state law gave the agency discretion to withhold it. They also contended disclosure would constitute an unwarranted invasion of Strong’s personal privacy.
Attorneys representing Oklahoma Voice argued the agreement was a public record documenting the expenditure of taxpayer funds by a state agency and that the department failed to prove any statutory exemption applied. They further argued the agreement was unrelated to an internal personnel investigation and that the state failed to demonstrate how its release would invade Strong’s privacy.
By granting summary judgment to Oklahoma Voice and denying the state’s motion, Andrews rejected the state’s legal arguments and ruled in favor of disclosure.
Broader transparency implications
Although no written opinion explaining the court’s reasoning had been filed in the Oklahoma County court record as of Friday, the ruling reinforces the principle that public agencies must justify withholding records under specific exemptions in the Open Records Act.
Whether the decision ultimately establishes broader legal precedent may depend on whether the Wildlife Department or the Oklahoma Attorney General’s Office appeals the ruling. No notice of appeal had appeared in the court docket as of Friday.
The lawsuit was filed in May 2024 after the department denied Oklahoma Voice’s request for the agreement following Strong’s departure. The request came after the Wildlife Conservation Commission accepted Strong’s resignation during an executive session and approved his severance package.
This story is based in part on reporting by Oklahoma Voice and supplemented with review and analysis of Oklahoma County District Court filings and docket records.
