After the Department of Education withheld information on a top official’s key card swipes to enter the agency’s offices, Attorney General Gentner Drummond’s office affirmed the data is subject to disclosure under the state’s open records law.
A data log reflecting employees’ electronic key-card access to a public body’s building is an open record, according to the July 1 opinion.
“The public has a right to know whether our elected officials and the people they hire are showing up for work,” said Rep. John Waldron, D-Tulsa, who requested the opinion.
Last year, Oklahoma Watch requested the key card data for Matt Langston, the agency’s chief policy advisor and Walters’ campaign manager during his run for superintendent in 2022.
Langston runs a political consulting firm in Austin, Texas.
A group of lawmakers in 2024 raised concerns that Langston was a so-called ghost employee. Mark McBride, at the time a state representative, wanted Drummond to investigate whether Langston was on the payroll but not actually performing the duties associated with their position. Drummond declined to pursue it.
The door swipe data could reveal how often Langston is present at the department, where he’s one of the highest-paid employees, at $12,500 per month, according to state payroll data, which is $150,000 a year.
That’s especially relevant after Walters ended remote work at his agency, and Gov. Kevin Stitt ended telework for all state employees as of Feb. 1.
The Department of Education denied the keycard records request, claiming the information was exempt under an anti-terrorism provision that allows confidentiality of certain records, such as those related to schematics or security monitoring.
A log reflecting who enters the building and when would not reveal details about the state’s measures to deter, prevent or protect against terrorism subject to the exemption, Drummond wrote. If the records contain confidential information, the agency is obligated to redact that portion and produce the rest.
Attorney general opinions carry the force of law until a court rules otherwise.
Jennifer Palmer has been a reporter with Oklahoma Watch since 2016 and covers education. Contact her at (405) 761-0093 or jpalmer@oklahomawatch.org. Follow her on Twitter @jpalmerOKC.
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