Legislators have the right to attend SBE executive sessions
OKLAHOMA CITY -Oklahoma Attorney General Gentner Drummond has issued a formal opinion a#rming that state legislators have the right to attend executive sessions of all state agencies, boards, and commissions. This ruling comes in response to recent incidents where legislators were denied access to State Board of Education (SBE) executive sessions.
The opinion was requested by State Rep. Mike Osburn following his exclusion from a recent SBE executive session. Other legislators have reported similar denials, though this issue appears to be isolated to the SBE, with no reports of access being denied by other state entities.
Prior to this formal opinion, Drummond's o#ce had provided informal guidance on the matter to SBE board members and their attorney, Cara Nicklas. However, this guidance was reportedly contested and disregarded at a subsequent SBE meeting, where three legislators were denied full access to the executive session.
The Attorney General emphasized that the formal opinion is binding and leaves no room for interpretation or noncompliance. "I will not tolerate willful violation of the law," Drummond declared. "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 clariges that under the Oklahoma Open Meetings Act, legislators who are members of a committee with jurisdiction over a state body's actions are authorized to attend its executive sessions. Importantly, it is the individual legislator who determines jurisdiction, not the state agency, board, or commission.
There are only two exceptions to this right: when the purchase or appraisal of real property is being discussed, or when the Legislature or legislator is involved in litigation with the state body. In these cases, legislators may be excluded from the relevant portions of the executive session but are permitted to attend all other business.
This ruling reinforces the oversight role of the Legislature and aims to ensure transparency and accountability in state governance. It remains to be seen how this will impact future interactions between legislators and state boards, particularly the State Board of Education. (La Semana)