Oklahoma Attorney General Gentner Drummond issued a formal opinion on the question of allowing legislators to attend state agency, board, and commission executive session meetings. In recent weeks, the State Board of Education and State Superintendent of Public Instruction Ryan Walters has denied three lawmakers to attend their executive session.
Representative Mike Osburn was among those three and requested the formal opinion from the Attorney General.
Previously, Drummond’s office provided informal guidance to the State Board of Education members and attorney Cara Nicklas after she made an inquiry to the AG’s office. Drummond says that Nicklas argued with that guidance, and it was ignored by the Board.
“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.”
Drummond this formal opinion leaves no room for argument.
“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.”
There are two exceptions in the Oklahoma Open Meetings Act where a legislator can be barred from observing an executive session. They can be excluded if the discussion involved purchase or appraisal of real property, or if the legislator or the Legislature is involved in litigation with the body. However, the legislator cannot be barred from attending the other parts of the executive session.
“Under the Oklahoma Open Meeting Act (“Act”), a legislator who is a member of a legislative committee with jurisdiction over actions of the state agency, board, or commission, is authorized to attend an executive session of the state body,” the opinion states.
The State Board of Education has agenda items which appear to be setting a response to the formal opinion on executive sessions during its Thursday meeting.
