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,
- (8) 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.
Laws 2014, HB 2366, c. 107, § 2, eff. November 1, 2014.