A. A public employee or other person who has lawful access to any protected record under this Act, who intentionally discloses or provides a copy of a protected record to any other person not entitled to lawful access is subject to civil penalties of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00).

B. A public employee or other person who has lawful access to any public or protected record under this Act, who intentionally destroys a record or intentionally causes a record to be lost without authorization in accordance with the retention policy of the Osage Nation is subject to civil penalties of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00).

C. It is a defense to a civil action under subsection (A) of this section that the actor released protected information in the reasonable belief that the disclosure of the information was necessary to expose a violation of law involving government corruption, abuse of office, or misappropriation of public funds or property.

D. A person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any protected record to which he or she is not legally entitled is subject to civil penalties of not less than One Thousand Dollars ($1,000.00) and not more than Five Thousand Dollars ($5,000.00). No person shall be subject to civil penalties who received the record, information, or copy after the fact and without prior knowledge of or participation in the false pretenses, bribery or theft of the record.

E. A public employee who intentionally refuses to release a record knowing its disclosure is required by final order of the Osage Nation Trial Court, or if appealed, by order of the Osage Nation Supreme Court, is subject to civil penalties of not less than One Thousand Dollars ($1,000.00) and not more than Five Thousand Dollars ($5,000.00).

F. Any public employee who fails to comply with the provisions of Section 8-107(E) of this Title shall be subject to a fine of up to Fifty Dollars ($50.00) per day beginning the day after the response or document delivery is due, and ending the day the document(s) or response is delivered. It is a defense to a civil action under this subsection that failure to comply with Section 8-107(E) was a direct result of written communication from a person serving in, or representing, a position of supervisory or administrative authority over the actor.

G. Any elected or appointed official, or any exempt employee who orders or otherwise directs an employee of the Osage Nation to violate the provisions of this Act shall be subject to a fine of up to One Hundred Dollars ($100.00) per day beginning the day after the response or document delivery is due, and ending the day the document(s) or response is delivered.

H. It is prohibited, as misuse of public funds, for any person, public employee, elected official or appointed official to use Osage Nation resources to pay fines, attorney fees, costs or expenses awarded by the court against the person in their individual capacity, an employee in their individual capacity or an official in their individual capacity pursuant to this Act. ONCA 10-05, eff. Dec. 26, 2009; ONCA 14-03, eff. Oct. 25, 2013.