Oklahoma Attorney General issues opinion on legislators attending executive sessions

OKLAHOMA CITY (KFOR) — Oklahoma Attorney General Gentner Drummond issued an opinion on Wednesday stating that state legislators are allowed to attend executive sessions of every state agency, board and commission.

The opinion was requested by Representative Mike Osburn, R-Edmond, who was reportedly denied access to a recent State Board of Education executive session in addition to several other legislators.

Another legislator denied access during that executive session at the July 31 meeting was Senator Mary Boren, D-Norman.

Senator Boren is on the education appropriations sub-committee and said it was a violation of the Open Meetings Act for her to be denied access.

Drummond's office previously gave informal guidance to SBE board members and attorney Cara Nicklas, who reportedly ignored that guidance and denied executive session access to three legislators.

According to Drummond, legislators have not reported being denied access to the executive sessions of any other state agency, board or commission.

“Under the Oklahoma Open Meeting 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 reads.

There are only two instances that would limit a legislator's access to an executive session: when discussions about the purchase or appraisal of real property, or if the legislator is involved in litigation with the state body.

These cases, however, do not completely bar a legislator from attending that executive session; that legislator may not observe the portion devoted to those topics, but are allowed to be present for all other business.

"It is a comfort when the law is followed, when you can read words on a page and know what the rules are and to know what is expected of you," said Senator Boren.

The full opinion can be read below.