State vs. Federal — Which Records Request Do You Need?
Oklahoma's Open Records Act and the federal FOIA serve different purposes and apply to different entities. Here's how to choose.
| Factor | OK Open Records Act | Federal FOIA |
|---|---|---|
| Statute | 51 O.S. § 24A.1 et seq. | 5 U.S.C. § 552 |
| Applies to | Oklahoma state/local agencies, municipalities, school districts | Federal agencies (FBI, DOJ, EEOC, FMCSA, BIA, etc.) |
| Response deadline | Prompt, reasonable access (no specific day count, but 3 business days is customary) | 20 business days |
| Fees | Up to $0.25/page for standard copies | Varies by agency; fee waivers available |
| Exemptions | 26+ exemptions (personnel records, criminal investigations, etc.) | 9 exemptions (national security, privacy, trade secrets, etc.) |
| Enforcement | File suit in Oklahoma district court | Administrative appeal, then suit in federal court |
| Who can file? | Any person (no citizenship requirement) | Any person (no citizenship requirement) |
Quick Decision Guide
- Request from a city, county, or state agency? → Oklahoma Open Records Act
- Request from a federal agency? → Federal FOIA
- Request from a tribal government? → Neither (see below)
- Request from a private business? → Neither; these laws apply only to government entities
Tribal Government Records
Important Note on Tribal Sovereignty
Neither the Oklahoma Open Records Act nor federal FOIA applies to tribal governments. Tribal nations are sovereign entities with their own laws and governance structures.
Some tribal governments have enacted their own open records or freedom of information ordinances. Others have not. If you need records from a tribal government, you should contact the tribe's legal department or records custodian directly to ask about their process. An attorney experienced in tribal law can help navigate this.
What If You Need Both?
In many cases, especially civil rights and employment matters, relevant records may be held by both state and federal agencies. For example:
- A jail death case may involve records from the county sheriff's office (state request) and the Department of Justice (FOIA request)
- An employment discrimination case may involve records from the Oklahoma Office of Civil Rights Enforcement (state) and the EEOC (federal)
- A trucking accident may involve records from the Oklahoma Highway Patrol (state) and the FMCSA (federal)
In these situations, submit separate requests to each agency under the appropriate statute.
Questions About Your Legal Matter?
These resources provide general information. For guidance specific to your situation, contact Addison Law Firm.
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