Oklahoma Attorney General Gentner Drummond officially confirmed on Wednesday that state legislators have the full authority to participate in executive sessions of all state agencies, boards, and commissions.
Legislators were denied entry into sessions of the Oklahoma State Board of Education for the past two months. This ruling was made in response to their exclusion at meetings led by state schools Superintendent Ryan Walters.
The opinion, which carries the weight of law unless overturned by a court, was released just a day before the board’s August meeting. Interestingly, the agenda for this meeting, which was posted on Wednesday prior to Drummond’s opinion, does not include an executive session as it has in previous meetings.
The agenda states that the board will discuss and possibly take action on filing a Petition for Declaratory relief or injunctive to obtain a court order regarding the eligibility of Oklahoma legislators to attend executive sessions of the State Board of Education. This potential lawsuit would directly challenge Drummond’s opinion, the Oklahoma Open Meeting Act, and the authority of the state Legislature.
State Representative Mike Osburn, a Republican from Edmond, sought an opinion from Drummond following his and two other lawmakers’ exclusion from the executive session of the State Board of Education on July 31.
According to Drummond, it is both incredulous and illogical to prevent a legislator from attending the executive session of a state agency they are responsible for overseeing. She asserts that the law is explicit in granting legislators significant authority for oversight, regardless of whether an agency or board approves of it.
Drummond took a formal step by withdrawing a 1978 attorney general’s opinion. The opinion was issued by then-Attorney General Jan Eric Cartwright. The board of education’s contracted attorney, Cara Nicklas, relied on this opinion to deny legislators entry into executive sessions.
Votes on various topics typically discussed after an executive session were on the agenda for Thursday’s meeting. These topics were previously addressed by the board last month, during which the attorney general’s office indicated an ongoing investigation into a potential violation of the Open Meeting Act.
The Oklahoman asked Dan Isett, a spokesman for the Oklahoma State Department of Education, about the absence of an executive session on the agenda, but he did not respond.
Over two meetings, three legislators were denied entry to the board’s executive session
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In June, state Sen. Mary Boren, D-Norman, encountered a denial of entry into an executive session at the board’s meeting. However, on July 18, the attorney general’s office took action by sending a letter to Walters and other members of the board. The letter emphasized that Boren, as well as any legislator, should be granted access to an executive session due to a clause in the Open Meeting Act.
The law states that any legislator who is appointed to a committee in the Legislature or a joint committee is allowed to attend executive sessions authorized by the Oklahoma Open Meeting Act. This applies to state agencies, boards, or commissions when the committee has jurisdiction over the actions of the public body in question.
On July 31, Rep. Boren, Rep. Rosecrants, and Osburn, all serving on education committees or subcommittees, made an attempt to attend an executive session at the board’s meeting. However, they were denied entry, with Nicklas being identified as the main obstacle preventing their access. It is worth noting that Nicklas is paid $300 per hour for his role as the board’s attorney.
During the July meeting, concerns were raised regarding the board’s adherence to the posted agenda, as mandated by the Open Meeting Act. The agenda included two executive sessions, one to address Boren’s request to attend the session and another to discuss teacher licenses.
The executive session lasted for one hour and 40 minutes as stated in the agenda. During this session, the board had the opportunity to discuss and potentially make decisions regarding Boren’s request. Following this, the board proceeded to vote on returning to executive session to address additional matters such as teacher license suspensions and revocations.
The board chose to postpone the agenda item concerning Boren. Surprisingly, they proceeded to vote on the teacher licensing matters without returning to the executive session. Boren pointed out that these votes may be invalidated since the board did not adhere to the posted agenda. Interestingly, this month’s board agenda includes several names from the teacher-licensing list once again. Considering privacy laws, it remains uncertain how much discussion can take place regarding individual teacher cases before the board members vote in an open session, given the absence of an executive session.
In response to the attorney general’s office’s previous letter, Walters expressed his concerns during the July meeting. He stated, “I’ve encountered left-wing Democrats like Mary who aim to prevent us from removing pedophiles from classrooms. She is disrupting the process, and we are exploring the legal aspects of her jurisdiction. Despite her claim of having a direct line with the attorney general’s office, we have requested specific information from them, but have yet to receive a response.”
Violating the Open Meeting Act will result in penalties that can include a fine of up to $500 per violation and a potential jail sentence of one year.
According to Drummond, there is no room for argument in his formal opinion issued on Wednesday. He emphasizes that this leaves no excuse for noncompliance.
According to Drummond, any deliberate violation of the law will not be tolerated. He emphasizes that members of the State Board of Education have a responsibility to adhere to the law, and he wants to make it clear that the formal opinion he has issued is binding for them.
At least one or two legislators plan to attend this month’s Education Board meeting
Boren is currently not available for Thursday’s meeting, but Rosencrants has confirmed that he will be attending, according to The Oklahoman. Osburn also mentioned that he plans to be present, especially since there might be a vote regarding the licensing of an Edmond Public Schools teacher on the agenda. He expressed his intention to observe the proceedings.
On Wednesday, Rosencrants expressed his belief that Walters and the state board are intentionally delaying the process by engaging in discussions about a potential lawsuit regarding the Open Meeting Act instead of holding an executive session.
“I believe they are not conducting the executive session because of the recent pressure we have put on them to hold them accountable,” Rosencrants expressed. “We are not asking for a report on the executive session. We are simply requesting to be present as it is our right, even though we should not have to request it. It is mandated by law. I am unsure why they are opposing this unless they prefer to carry out their actions without any scrutiny.”
AG opinion: Legislators should have access to Oklahoma education board’s executive sessions
In a recent opinion, the Oklahoma Attorney General emphasized the importance of granting legislators access to executive sessions held by the state’s education board. The opinion asserts that lawmakers should be included in these closed-door meetings to ensure transparency and accountability in the decision-making process.
The Attorney General’s opinion aligns with the principle of open government and the need for elected officials to be well-informed when making decisions that impact the education system. By allowing legislators to participate in executive sessions, they can gain valuable insights and contribute to the discussions that shape educational policies and initiatives.
This decision also highlights the significance of collaboration and shared responsibility between the education board and lawmakers. It recognizes the value of diverse perspectives and the need for inclusive decision-making processes. By involving legislators in executive sessions, the education board can benefit from their expertise and experience, fostering a more comprehensive and effective approach to education governance.
Transparency and accountability are crucial in the realm of public education. By allowing legislators access to executive sessions, the education board can address concerns, answer questions, and provide lawmakers with the necessary information to make informed decisions. This level of transparency not only strengthens democratic principles but also builds trust between the education board and the legislative branch.
In conclusion, the Oklahoma Attorney General’s opinion emphasizes the importance of allowing legislators to participate in executive sessions held by the education board. By doing so, the state can foster transparency, accountability, and collaboration in shaping its educational policies.
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