Request for Email Metadata (Information Technology)

Mr. Chapman:

The Oklahoma Open Records Act ("ORA" or "the Act"), Title 51, Oklahoma Statutes, Section 24A.2 states, in relevant part: "Except as may be required by other statutes, public bodies do not need to follow any procedures for providing access to public records except those specifically required by the Oklahoma Open Records Act." In the absence of specific procedures contained in the ORA or other state statutes, and in order to: 1) implement and facilitate access by requestors to public records required by the ORA to be produced; 2) protect the integrity and organization of its records; and 3) prevent excessive disruptions of its essential functions, Oklahoma law permits the City of Tulsa to formulate both publicly posted policies, as well as internal policies and procedures regarding requests by the public for access to such records.

Please be advised that, pursuant to the publicly posted City of Tulsa Open Records Policy ("Policy") https://www.cityoftulsa.org/media/1680/openrecordsactpolicy.pdf<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cityoftulsa.org%2Fmedia%2F1680%2Fopenrecordsactpolicy.pdf&data=02%7C01%7CCBerg%40cityoftulsa.org%7C0ff2099eaf554d01a74008d696a1d996%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C636862019816102711&sdata=lMTiNM7s1PwUzPlOMwOjx6fsKnzoTy93wtWBHlfHcNE%3D&reserved=0> , your Oklahoma Open Records Act email request dated January 30, 2019 asking for access to metadata "[f]or all email accounts under the management of this city ... for all emails sent and received during January, 2019" has not been accepted for processing. Based on the three numbered reasons in the paragraph immediately above, Section 4 of that Policy mandates that "all-inclusive record production requests shall not be accepted for processing."

Section 4 of that Policy also requires: "In any instance where a record custodian cannot process a presented records request, the custodian shall explain to the requesting party the circumstances preventing processing." Please be advised that the City of Tulsa maintains no record, document, electronic or computer file or listing that contains only metadata for "all email accounts under the management of this city" for the time period specified in your request, nor any other time period. You are further advised that the City of Tulsa is unable to provide email metadata without separating the metadata from the email and thereby creating a new record or document. You recognize this fact in your 1/30/19 email ORA request. Oklahoma law does not require the City to create new records, documents, files, lists or compilations to produce, or to "export" such metadata into any other record, document, file or compilation. Further, the Oklahoma Open Records Act only requires public access to records or documents "created by, received by, under the authority of, or coming into custody, control or possession of public officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering of public property." If metadata were to be separated from the email that was concurrently created, and then maintained, not only would that create a separate record, there would be no means for a City Department records custodian to determine if the email metadata you are requesting was sent or received "in connection with the transaction of public business, the expenditure of public funds or the administering of public property."

For the same three numbered reasons set forth in the first paragraph above, the City of Tulsa's Policy not to process all-inclusive records requests, also requires that the requestor direct all ORA requests to the specific City Department records custodian(s) in the Department(s) that created or received the record and are authorized to determine if public access to the specific records requested is required under the Act. As you are aware, emails are directed to an individual or individuals employed in one or more discrete City Departments. Each Department has its own appointed records custodian(s). A list of City Departments and their appointed records custodian(s) can also be found on the City's website at: https://www.cityoftulsa.org/government/departments/finance/public-records/<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.cityoftulsa.org%2Fgovernment%2Fdepartments%2Ffinance%2Fpublic-records%2F&data=02%7C01%7CCBerg%40cityoftulsa.org%7C0ff2099eaf554d01a74008d696a1d996%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C636862019816112721&sdata=urwFrka%2BIe%2B4D0p4WtpG1adhTGYJntEMe1xBmIbROw0%3D&reserved=0>. Your all-inclusive records request for the time period stated therein was made to the City's Information Technology Department which does not have a records custodian responsible for, or authorized or able to, make the determination if public access to emails sent or received by employees of other City Departments is required under the mandates and exemptions set forth in the ORA.

Chris Berg | Manager, IT Administration Services
City of Tulsa Information Technology Department
T: 918-576-5605
E: cberg@cityoftulsa.org<mailto:cberg@cityoftulsa.org>
www.cityoftulsa.org<http://www.cityoftulsa.org/>