Skip to main content
Loading…
This section is included in your selections.

A. The Executive Branch of the Osage Nation shall promulgate a standardized form for requesting public records which shall be available in every public office of the Nation.

B. The public has the right to inspect a public record free of charge, and to request a copy of the public record during normal working hours, subject to subsection (G) of this section.

C. A government entity is not required to create a record in response to a request. However, upon request, a government entity shall provide a record in a particular format if the government entity is able to do so without unreasonably interfering with the government entity’s duties and responsibilities.

D. Nothing in this section requires a government entity to fulfill a person’s records request if the request exceeds two prior requests for the same records from that person.

E. Within ten (10) business days, the government entity shall respond to the request by:

1. Approving the request and providing the record(s); or

2. Denying the request by providing a written explanation of why the record is protected from disclosure; or

3. Notifying the requester in writing that it does not maintain the record and providing, if known, the name and address of the government entity that does maintain the record.

F. The requesting party may make application to the Osage Nation Trial Court for an order to compel the disclosure of the requested record if the government entity:

1. Determines the requested record is protected from disclosure, or

2. Fails to respond to the request according to the requirements set forth in this section;

G. The Osage Nation or its government entities may assess the reasonable costs of photocopying and other activities associated with providing the record against the person requesting the record as follows:

1. A single request for a hard copy of a public record or multiple records that are twenty-five (25) pages or less in total when taken together, shall be provided at no charge. If the hard copy is more than twenty-five (25) pages, the first twenty-five (25) pages are provided at no charge.

2. An electronic copy of a public record may be requested, and if an electronic copy is available, it shall be provided in electronic form.

3. A single request for an electronic copy of a public record or multiple records that are one hundred (100) pages or less in total when taken together, shall be provided in electronic form at no charge. If the electronic copy is more than one hundred (100) pages, the first one hundred (100) pages are provided at no charge.

4. The costs assessed on records after the first twenty-five (25) pages for a hard copy and after the first one hundred (100) pages for an electronic copy shall not exceed twenty-five cents ($.25) per page of the record, provided the copies requested do not exceed standard legal size or require special equipment to scan or copy. A reasonable charge for oversize copies may be assessed.

5. In computing the time for purposes of this Act, the first day shall be excluded, and the last day included to complete the time period. When the last day of the period so computed falls on a day when the government office or department at which the Act is to be performed or the record requested is not open during the full business day (until 4:00 p.m.), the period shall stand extended to include the next ensuing full business day. ONCA 10-05, eff. Dec. 26, 2009; ONCA 14-03, eff. Oct. 25, 2013.