Stillwater City Officials Delay Public Records & Demand Unlawful Fees for FOIA Requests

STILLWATER, Okla., (The Oklahoma Post) –

Stillwater City Officials Delay Public Records & Demand Unlawful Fees for FOIA Requests

Government transparency is under attack in Stillwater, Oklahoma, as city officials illegally delay the release of public financial records while demanding unlawful fees from citizens requesting information under the Oklahoma Open Records Act (51 O.S. § 24A.1 et seq.).

The City of Stillwater recently refused to release itemized billing records for legal services provided by Collins, Zorn & Wagner (CZW), a private law firm contracted by the city. CZW has been involved in multiple legal disputes across Oklahoma, including litigation in Garfield County and Payne County related to government transparency issues.

“Good Afternoon, Attached please find all records responsive to your record request 1 & 2 dated 2/15/2025.  Itemized billings submitted in support of the transaction reports attached are still being processed. Please note,  this law firm has been retained as outside litigation counsel for a number of cases. The itemized billings require review and possible redaction of portions of those records in compliance with 51 O.S. § 24A.5. because they contain entries that are protected by the attorney-client privilege. There are numerous itemized billings and as such, this is still being processed and may require a deposit and search fee as set forth in the city’s fee schedule. The City expects that review and redaction of the itemized billings will take a significant amount of staff time and additional time is required to complete this request. Please advise if you can narrow the records requested for itemized billings to a particular case name and/or a more limited time frame. – Teresa Kadavy , City Clerk “

City’s Illegal Justifications for Withholding Records

City Clerk Teresa Kadavy responded to a Freedom of Information Act (FOIA) request stating that “significant staff time” is required to process the billing records and that a deposit and search fee may be necessary. However, under Oklahoma law, agencies cannot impose search fees to discourage access unless the request is solely for commercial purposes.

The Oklahoma Open Records Act (51 O.S. § 24A.5(4)) explicitly states:

“Fees shall not be used for the purpose of discouraging requests for information or as obstacles to disclosure of requested information.”

This means the City’s request for money violates state law and constitutes an obstruction of public access to government records.

Attorney’s Responsibility to Ensure Redaction – Not the Requestor’s

Kadavy also claimed that the records require review and possible redaction due to attorney-client privilege. However, legal billing records are not automatically protected under privilege.

Oklahoma courts have repeatedly ruled that fee amounts, payee names, and general descriptions of services cannot be withheld. The responsibility for redacting privileged portions of documents falls on the attorneys handling the case, not the citizens requesting records.

In State ex rel. Oklahoma Bar Ass’n v. Mothershed, 264 P.3d 1196 (Okla. 2011), the Oklahoma Supreme Court confirmed that billing records are not fully shielded by privilege, meaning the city’s broad refusal to release these records is legally unfounded.

A Pattern of Intimidation & Government Secrecy

This is not the first time Collins, Zorn & Wagner (CZW) has been involved in FOIA-related controversies. The firm has been accused of:

• Litigating against citizens who request public records.

• Engaging in harassment and intimidation tactics against journalists.

• Acting as gatekeepers to prevent transparency in local government operations.

The City of Stillwater’s reliance on CZW in handling public records requests raises serious concerns about conflicts of interest, misuse of taxpayer funds, and suppression of government accountability.

Oklahoma Citizens Must Demand Transparency

The deliberate obstruction of FOIA requests by Stillwater city officials is a violation of public trust and illegal.

Oklahoma residents should:

✅ Demand immediate compliance with FOIA requests without illegal fees.

✅ Push for independent oversight of public records handling.

✅ Hold city officials accountable for any failure to comply with state law.

The Fight for Transparency Continues

As this case unfolds, The Oklahoma Post will continue to investigate government corruption, intimidation tactics, and efforts to block public access to information. Stay tuned for updates as we push for the full release of these critical financial records. We are a nonprofit organization.

See info releases below.

FOIA Delays:

Requestors Response-

Partial Data Release

(Writing by Lee Brooks; Editing by Robbie Robertson)

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