§ 8-102. Definitions.
A. “Business day” means a day when the Osage Nation government offices and departments are open for regular operating hours (8:00 a.m. to 4:30 p.m.) which does not include Saturdays, Sundays or holidays recognized by the Osage Nation human resources policy.
B. “Claims for Records Access” means a pleading filed in the Osage Nation Trial Court which challenges the denial of records access.
C. “Confidential information” means information whose unauthorized disclosure is prejudicial to the interest of the Osage Nation.
D. “Delivery” and “delivered” as used in Section 8-113 of this Title means direct personal delivery of a requested document or required response, or the mailing of the requested document(s) or response by first-class mail, or the transmission of the requested document(s) or response by electronic means.
E. “Government entity” means any administrative, advisory, executive, judicial or legislative office or body of the Osage Nation, including without limitation, all boards, committees, special or advisory committees or subcommittees, commissions, departments, agencies, independent agencies, business entities and other instrumentalities whose board of directors are appointed or elected by the Osage Nation. There shall be two categories of a government entity as follows:
1. “Business government entity” means the gaming enterprise, limited liability companies or any other for-profit instrumentality of the Osage Nation; and
2. “Nonbusiness government entity” means all government bodies of the Osage Nation that are not business government entities.
F. “Memorandum” or “memoranda” (plural) means a note or communication limited to official writings, either by hard copy or by electronic mail, titled as “Memorandum” or “Memoranda” by an employee, elected official or appointed official.
G. “Person” means any individual, nonprofit corporation, for-profit corporation, partnership, sole proprietorship, or other type of business organization.
H. “Proprietary” means information in which the owner has a legally protectable interest as identified in writing to the appropriate government official.
I. “Protected record” means any record or part of any record containing data that is confidential and/or proprietary or otherwise protected by this Act.
J. “Public” means any citizen of the United States of America or any noncitizen legally residing or visiting the United States of America.
K. “Public employee” means all officials and employees of the Osage Nation.
L. “Public office” means the physical location where Osage Nation officials and employees conduct business or keep records.
M. “Public record” means any record that is not confidential, proprietary or otherwise protected and that is not exempt from disclosure as provided in this Act.
N. “Record” means all books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings, electronic data, or other documentary materials regardless of physical form or characteristics which are prepared, owned, received, or retained by a government entity and where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. “Record” does not mean:
1. Materials that are legally owned by an individual in his or her private capacity;
2. Materials to which access is limited by the laws of copyright or patent unless the copyright or patent is owned by a government entity;
3. Books and other materials that are catalogued, indexed, or inventoried, and contained in the collections of libraries open to the public;
4. Daily calendars and other personal notes prepared by the originator for the originator’s personal use or for the personal use of an individual for whom he is working;
5. Junk mail or commercial publications received by a government entity or an official or employee of a government entity;
6. Computer programs that are developed or purchased by or for any government entity for its own use;
7. Notes or internal memoranda prepared as part of the deliberative process by a member of the judiciary or any other body charged with performing a quasi-judicial function;
8. Inter-office and intra-office electronic mail;
9. Text messages by mobile telecommunication devices; or
10. Interbranch document requests and responses.
11. All mail and all electronic mail addresses used in surveys of members of the Osage Nation.
O. “Right to privacy” means the right of a person to be free from unwarranted intrusion by a government entity. ONCA 10-05, eff. Dec. 26, 2009; ONCA 12-23, eff. Mar. 30, 2012; ONCA 14-03, eff. Oct. 25, 2013; ONCA 14-51, eff. Aug. 4, 2014; ONCA 14-62, eff. Apr. 30, 2015.