AS PROVIDED BY LAW."
A PUBLIC BODY IS NOT REQUIRED TO COMPILE OR MAKE NEW RECORDS WHICH ARE NOT PRESENTLY IN EXISTENCE IN ORDER TO RESPOND TO AN OPEN RECORDS REQUEST. SECTION 24A.4 DOES REQUIRE THE PUBLIC BODY TO DISCLOSE THE CONTRACT EXECUTED BY THE PUBLIC ENTITY AND THE CONTRACTOR AND THE AMOUNT OF PUBLIC FUNDS EXPENDED. THE ACT DOES NOT REQUIRE THE PUBLIC BODY TO GO TO THE INDIVIDUAL CONTRACTORS AND SUBCONTRACTORS AND OBTAIN AND COMPILE RECORDS REGARDING INDIVIDUAL SALARIES OF PARTIES WHO ARE NOT STATE EMPLOYEES.
THE SECOND REASON WHY THIS INFORMATION IS NOT SUBJECT TO DISCLOSURE UNDER THE OPEN RECORDS ACT IS FOUND IN 51 O.S. 24A.7 UNDER THE "PERSONNEL RECORDS - CONFIDENTIALITY" SECTION. THIS SECTION PROVIDES:
"A. A PUBLIC BODY MAY KEEP PERSONNEL RECORDS CONFIDENTIAL: 2) WHERE DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY SUCH AS EMPLOYEE EVALUATIONS, PAYROLL DEDUCTIONS, OR EMPLOYMENT APPLICATIONS SUBMITTED BY PERSONS NOT HIRED BY THE PUBLIC BODY. (EMPHASIS ADDED)"
THE ACT MAKES IT CLEAR THAT IF A PERSON IS A STATE EMPLOYEE OR PUBLIC OFFICIAL, THEN DISCLOSURE OF THAT PERSON'S GROSS RECEIPT OF PUBLIC FUNDS IS REQUIRED. HOWEVER, IT IS CONSIDERED TO BE AN INVASION OF PERSONAL PRIVACY TO DISCLOSURE SUCH INFORMATION IF THE PERSON IS NOT A STATE EMPLOYEE. SINCE THE EMPLOYEES INVOLVED IN YOUR QUESTION ARE NOT STATE EMPLOYEES, BUT RATHER, THE EMPLOYEES OF PRIVATE CONTRACTORS OR SUBCONTRACTORS, IT WOULD BE A CLEARLY UNWARRANTED INVASION OF THEIR PERSONAL PRIVACY TO DISCLOSE THEIR PRIVATE SALARY INFORMATION.
AGAIN, THE PUBLIC IS ENTITLED TO REVIEW AND RECEIVE INFORMATION REGARDING THE CONTRACT BETWEEN THE PUBLIC BODY AND THE PRIVATE CONTRACTOR AND TO KNOW THE EXACT AMOUNT PAID TO THE CONTRACTOR.
(RACHEL LAWRENCE MOR)