Oklahoma AG asserts legislators' right to attend State Board of Ed. executive sessions
OKLAHOMA CITY (KOKH) — Oklahoma Attorney General Gentner Drummond issued a formal opinion on legislators' rights to attend executive sessions.
State Rep. Mike Osburn (R-Edmond) requested the opinion after being denied the opportunity to attend the Oklahoma State Board of Education (OSBE) executive session.
“It strains credibility and common sense that any legislator would be barred from the executive session of a state agency they oversee,” Drummond said. “The law is clear: legislators have broad oversight authority whether an agency or board likes it or not.”
Osburn provided Fox 25 with the following statement:
I am glad to see the formal opinion from the Attorney General affirming that state legislators have the legal authority to attend executive sessions of the state agencies and boards their committees are tasked with overseeing. These proceedings often deal with critical matters that directly impact our constituents, and it's vital the lawmakers responsible for appropriating taxpayer dollars have full access to the discussions and decisions being made. I hope this confirmation of legislators' jurisdiction will resolve any questions or concerns and that lawmakers may attend state agency executive sessions without issue.
Drummond's office previously gave informal guidance to SBE members and attorney Cara Nicklas.
However, at their next SBE meeting, three legislators were not allowed to attend the board's full executive session: State Rep. Jacob Rosecrants (D-Norman), State Rep. Osburn and Sen. Mary Boren (D-Norman).
“I will not tolerate willful violation of the law,” Drummond said. “State Board of Education members have a duty to follow the law and they are on notice that the formal opinion I have issued today is binding upon them.”
The opinion explains that the Oklahoma Open Meetings Act gives legislators who are members of a legislative committee with jurisdiction over the actions of a state agency, board or commission authorization, to attend that state body’s executive sessions.
The opinion notes two exceptions.
Legislators can be excluded from executive sessions where the purchase or appraisal of real property will be discussed or where the Legislature or legislator is involved in litigation with the state body.
The Oklahoma State Board of Education (OSBE) is holding a meeting on Thursday, Aug. 22.
According to the agenda, the OSBE will consider taking action to obtain a court order regarding the eligibility of legislators to attend executive sessions.
"How far do they have to go to try to do things in the dark? That's my first reaction to it," State Rep. Rosecrants said. "That should be the reaction of any taxpayer. It's certainly a choice. It's not something that I think will be a good choice, especially now that we have the AG opinion that's really just reiterating what we all knew."
Senator Boren weighs in on the situation.
"Having to babysit the state superintendent of public instruction to make sure that the law is followed is a really disruptive drain," Sen. Boren said. "It's unnecessary drama."
State Rep. Rosecrants says he plans to attend tomorrow's meeting.
"If they don't want us there, then be more transparent," Rosecrants said. "Be more accountable about what your tax dollars are going towards. Make board meetings boring again."
Fox 25 is still waiting to hear back from Ryan Walters and the OSDE. There is no executive session on tomorrow's agenda.
Read Drummond's full formal opinion below.
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