# Oklahoma Public Employees Ass'n v. State ex rel. Oklahoma Office of Personnel Management

> Supreme Court of Oklahoma · June 28, 2011 · 267 P.3d 838

URL: https://www.frixlaw.com/law-library/cases/5156590

## Case

- **Full name:** OKLAHOMA PUBLIC EMPLOYEES ASSOCIATION v. STATE of Oklahoma ex rel. OKLAHOMA OFFICE OF PERSONNEL MANAGEMENT, Oklahoma Public Employees Association, Plaintiff v. State of Oklahoma ex rel. Oklahoma Office of State Finance, Defendant/Appellee Oklahoma Public Employees Association, Plaintiff/ and State of Oklahoma ex rel. Oklahoma Office of Personnel Management, and Oklahoma Public Employees Association, and State of Oklahoma ex rel. Oklahoma Office of State Finance v. World Publishing Company and The Oklahoma Publishing Company, Intervenors/Appellants
- **Court:** Supreme Court of Oklahoma
- **Decided:** June 28, 2011
- **Citations:** 267 P.3d 838; 39 Media L. Rep. (BNA) 2610; 32 I.E.R. Cas. (BNA) 912; 2011 OK 68; 2011 Okla. LEXIS 63
- **Precedential status:** Published
- **Opinion:** Dissent by Kauger
- **Judges:** Colbert, Combs, Edmondson, Gurich, Kauger, Reif, Taylor, Watt, Winchester
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5156590

## Opinion text

KAUGER, J.,
dissenting, with whom TAYLOR, C.J., joins.
1 This is a matter of statutory construction. The statute involved is the human resources statute within the Open Records Act. Although the Legislature has amended 51 O.S. supp. 2005 § 24.7 three times since its inception in 1985, it has never chosen to include the date of birth. 1 If the Legislature desires to do so, it certainly can. 2
. Title 51 O.S. Supp.2005 § 24A.7 D provides:
D. Public bodies shall keep confidential the home address, telephone numbers and social security numbers of any person employed or formerly employed by the public body.
The statute was enacted in 1985, and amended in 1990, 1994, and most recently in 2005.
. The legislature included date of birth in the identity theft statute, 51 O.S. Supp.2007 § 1533.1 A provides:
A. It is unlawful for any person to willfully and with fraudulent intent obtain the name, address, social security number, date of birth, place of business or employment, debit, credit or account numbers, driver license number, or any other personal identifying information of another person, living or dead, with intent to use, sell, or allow any other person to use or sell such personal identifying information to obtain or attempt to obtain money, credit, goods, property, or service in the name of the other person without the consent of that person.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5156590. Public record. Not legal advice.