ROSS v. CITY OF OWASSO

P. THOMAS THORNBRUGH, PRESIDING JUDGE:

¶ 1 Patrick D. Ross appeals a decision of the district court finding that the City of Owasso properly refused disclosure of a record known as the “Fortney Report” pursuant to the Open Records Act. On review, we affirm that the Fortney Report is a “personnel record” which may be subject to discretionary release pursuant to the provisions of 51 O.S. Supp. 2014, 24A.7(A). We find, however, that the Owasso City Council has never exercised its discretion to decide the status of the report pursuant to 24A.7(A). We therefore vacate in part the summary judgment…