Attorney General Gentner Drummond issued a formal opinion confirming that Oklahoma legislators are fully authorized to attend executive sessions of every state agency, board and commission.
State Rep. Mike Osburn requested the opinion after he was denied the opportunity to attend a recent State Board of Education (SBE) executive session. Several other legislators also have had their requests to attend recent SBE executive sessions denied. Legislators have not reported being denied access to the executive sessions of any other state agency, board or commission.
“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’s office previously gave informal guidance to SBE board members and attorney Cara Nicklas in response to her inquiry on the topic. Nicklas argued with this guidance, and she and the board apparently ignored it at their next SBE meeting. Three legislators reportedly were not allowed to attend the board’s full executive session.
Drummond said today’s formal opinion leaves no room for argument and removes any excuse for noncompliance.
“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. Importantly, the opinion notes that it is up to the individual legislator to determine jurisdiction, not the state agency, board or commission.
The opinion notes just two instances that limit that right. 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. In those instances, the legislator may not observe the portion of executive session devoted to those particular topics, but would be permitted to be present for all other business.
“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.
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