Bruce Baggenstoss, Oklahoma City

Oklahoma Communities Are Signing Secret Deals With Data Center Developers. The Public Is Pushing Back.

When Chick-fil-A was scouting a Claremore location, the company asked for a nondisclosure agreement. The city signed it without much controversy. When data center developers began making the same request — for billion-dollar projects requiring new transmission lines, water infrastructure and potential public incentives — the public reaction was different.

Stephen Martin reports that NDAs between Oklahoma communities and data center developers have become a flashpoint in the state’s transparency debate, drawing protests, legislative proposals and pointed questions about where business confidentiality ends and the public’s right to know begins.

The agreements themselves vary considerably. Some expressly recognize Oklahoma’s Open Records Act. Others define confidential information broadly enough to include the existence of the NDA itself. Agreements between Beltline Energy and the cities of Yukon and Luther shared similar language but differed in scope. Claremore’s agreement with IPI Management — later revealed to be a precursor to the Beale Infrastructure data center project — listed the existence and terms of the agreement as confidential.

Oklahoma City University law professor D.A. Jeremy Telman said public entities cannot contract around the Open Records Act, but acknowledged the line between legitimate trade secret protection and improper secrecy is genuinely hard to draw.

Oklahoma Press Association Executive Vice President Mark Thomas said the scope of what NDAs cover has gradually expanded beyond protecting proprietary business information into territory that should be public, including how taxpayer money is spent.

Rep. Jim Shaw introduced a bill this session to prohibit elected and appointed officials from signing NDAs in their official capacity. It never received a committee hearing.

More worth knowing:

Former Arms Dealer Forecloses on Vesta Former arms dealer Efraim Diveroli exercised his option on an extremely high-interest loan to claim ownership of a large real estate portfolio, including apartments in Oklahoma City, Tulsa, Stillwater and Bartlesville. [NonDoc]

Healthy Start Faces Funding Challenge Tulsa officials are sounding the alarm about federal funding threats to Healthy Start, which has improved Oklahoma’s infant mortality rate over the past three decades. [Tulsa Flyer]

Former Bookkeeper Sentenced A former bookkeeper for a Hominy drilling company has been sentenced to a 33-month prison term after she admitted to bank fraud totaling nearly $400,000. Susan Marie Garrison, 54, of Sand Springs will also serve five years of supervised release. [Tulsa World ▲]

Saturday Evening Post: Will Rogers Was the Original Influencer The Saturday Evening Post (yep, still around) waxed philosophical on Oklahoma’s favorite son, arguing that his fame should be greater and that his contributions were substantial. [Saturday Evening Post]

▲=Possible paywall

Fort Gibson, established in 1824, was the westernmost U.S. Army outpost for nearly two decades.

Ciao for now,

Ted Streuli Executive Director, Oklahoma Watch tstreuli@oklahomawatch.org