Judge Orders Temporary Restraining Order to Keep State Employee Birthdates Private

By Dave Jordan, NEWS 9

OKLAHOMA CITY -- The birthdates of state employees will not become a matter of public record, at least for the time being. An Oklahoma County judge issued a temporary restraining order preventing the state from releasing that information to reporters or anyone else who wants it.

Oklahoma County Judge Bryan Dixon based his ruling on an opinion attorney general Drew Edmondson gave regarding an individual's right to privacy in relation to the state's Open Records Act. Media watchers are wondering what the ruling means when it comes to the public's right to know.

State employees claimed victory after Judge Dixon granted the order preventing the release of their birthdates to the public and the press.

"We feel it's a due process that state employees have and it has been circumvented and that's kind of what the judge agreed," OPEA Executive Director Sterling Zearley said.

The Public Employees Association filed the lawsuit after The Oklahoman requested the names and birthdates of all state employees. It quickly got the attention, and support, of some state lawmakers.

"We're talking about a batch request for 40,000 state employee birthdates with no rhyme or reason as to why The Oklahoman wanted them," Rep. Randy Terrill (R) said.

OPEA argued that it's a violation of privacy, even though birthdays are listed on many public documents including voter registration records.

"That's a choice," said Zearley. "There's a difference between economic and choosing to vote. I'm not going to get into that issue with you."

But attorneys who represented The Oklahoman in this case say this ruling could seriously hinder the Open Records Act.

"We are very troubled by the idea that every time a member of the public asks for a record of their own employee they could race into court and get a temporary restraining order and prevent the release of the documents," Mike Minnis, attorney for The Oklahoman, said.

State law enforcement agencies who signed on earlier this week in support of the restraining order insist this is not a ploy to block the public or the press from getting information.

"If you were to say Kevin Ward, date of birth January 1, 1956, was arrested for DUI in Tulsa, is this the Kevin Ward that words for DPS?" said Kevin Ward, Commissioner for the Department of Public Safety. "We will make that confirmation whether they are or not."

Attorneys for The Oklahoman are working to file briefs in preparation for another hearing. They will likely argue that Attorney General Drew Edmondson's opinion which led to this ruling is wrong. A date for that hearing has not been set.

And a bill co-authored by Representative Terrill exempting state employee's birthdays from the public record has passed committee and is now slated for a full vote in the House.

State Rep. Randy Terrill and state Sen. Debbe Leftwich praised the judge's ruling.

"This is an important victory for state employees and all Oklahoma citizens," said Leftwich, D-Oklahoma City. "Once the genie is out of the bottle, you can't put it back in. Had the court allowed the mass release of all state employees' birthdates, that information would have remained a public record forever – even long after a person has left state employment. There is nothing in place to govern how long someone could hold onto that personal information or what they could use it for."

"This was a win for both the privacy and safety interests of state employees, as well as the public interest," said Terrill, R-Moore. "All along we have said that if there are specific allegations of corruption or wrongdoing, we do not have a problem allowing the press to contact state agencies to verify a person's identity. What we have strongly objected to is the mass release of all state employees' birthdates because that would invade the privacy and safety interests of Oklahoma citizens while also raising serious due-process and equal-protection concerns without serving any legitimate public interest need."

More: Association Fights to Keep State Employees' Birthdates Private