Oklahoma lawmakers allowed to attend executive sessions of entities they oversee, AG says

Attorney General Gentner Drummond and Cindy Byrd attend the State of the State address earlier this year. (Photo by Kyle Phillips/For Oklahoma Voice)

OKLAHOMA CITY – Lawmakers must be allowed to attend State Board of Education executive sessions, Oklahoma’s attorney general wrote in an opinion released Wednesday.

Attorney General Gentner Drummond’s opinion was requested by Rep. Mike Osburn, R-Edmond, after he and two other lawmakers were denied access to a recent 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 likes it or not.”

The office had previously advised the State Board of Education that lawmakers were allowed to attend executive sessions if they serve on a committee with jurisdiction over the agency. That advice was apparently ignored, according to Drummond’s office.

“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 only limitation is when the agency meets behind closed doors to discuss the purchase or appraisal of real property or when the Legislature or lawmaker is involved with litigation with the agency.

Legislators could be barred from portions of executive session dealing with those topics, but could be present for all other business.

The opinion noted that lawmakers were permitted to attend executive sessions held by the University of Oklahoma Board of Regents and Oklahoma State Regents for Higher Education.

State Superintendent Ryan Walters has had a rocky relationship with the legislative branch, with a bipartisan group of lawmakers calling for his impeachment .

Recently leaders asked the Legislative Office of Fiscal Transparency to investigate the spending concerns at the Oklahoma State Department of Education.

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