§12-1431. Definitions.
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/ok/title-12-civil-procedure/12-1431·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in the Oklahoma Citizens Participation Act:
1. "Communication" means the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual or electronic;
2. "Exercise of the right of association" means a communication between individuals who join together to collectively express, promote, pursue or defend common interests;
3. "Exercise of the right of free speech" means a communication made in connection with a matter of public concern;
4. "Exercise of the right to petition" means any of the following:
a. a communication in or pertaining to:
(1)a judicial proceeding,
(2)an official proceeding, other than a judicial
proceeding, to administer the law,
(3)an executive or other proceeding before a
department or agency of the state or federal
government or a political subdivision of the
state or federal government,
(4)a legislative proceeding, including a proceeding
of a legislative committee,
(5)a proceeding before an entity that requires by
rule that public notice be given before
proceedings of that entity,
(6)a proceeding in or before a managing board of an
educational or eleemosynary institution supported
directly or indirectly from public revenue,
(7)a proceeding of the governing body of any
political subdivision of this state,
a report of or debate and statements made in a
proceeding described by division (3), (4), (5),
(6)or
(7)of this subparagraph, or
(9)a public meeting dealing with a public purpose,
including statements and discussions at the
meeting or other matters of public concern
occurring at the meeting,
b. a communication in connection with an issue under
consideration or review by a legislative, executive,
judicial or other governmental body or in another
governmental or official proceeding,
c. a communication that is reasonably likely to encourage
consideration or review of an issue by a legislative,
executive, judicial or other governmental body or in
another governmental or official proceeding,
d. a communication reasonably likely to enlist public
participation in an effort to effect consideration of
an issue by a legislative, executive, judicial or
other governmental body or in another governmental or
official proceeding, and
e. any other communication that falls within the
protection of the right to petition government under
the Constitution of the United States or the Oklahoma
Constitution;
5. "Governmental proceeding" means a proceeding, other than a judicial proceeding, by an officer, official or body of this state or a political subdivision of this state, including an agency, board or commission, or by an officer, official or body of the federal government;
6. "Legal action" means a lawsuit, cause of action, petition, complaint, cross-claim, counterclaim or any other judicial pleading or filing that requests legal or equitable relief;
7. "Matter of public concern" means an issue related to:
a. health or safety,
b. environmental, economic or community well-being,
c. the government,
d. a public official or public figure, or
e. a good, product or service in the marketplace;
8. "Official proceeding" means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant; and
9. "Public servant" means a person elected, selected, appointed, employed or otherwise designated as one of the following, even if the person has not yet qualified for office or assumed the person's duties:
a. an officer, employee or agent of government,
b. a juror,
c.
an arbitrator, referee or other person who is
authorized by law or private written agreement to hear
or determine a cause or controversy,
d. an attorney or notary public when participating in the
performance of a governmental function, or
e. a person who is performing a governmental function
under a claim of right but is not legally qualified to
do so. Added by Laws 2014, c. 107, § 2, eff. Nov. 1, 2014.