AG Drummond Issues Opinion Confirming Legislators Rights To Attend Executive Sessions

Wednesday 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.

Oklahoma Rep. Mike Osburn requested this opinion after he was denied the opportunity to attend a recent State Board of Education executive session. Several other legislators have been denied access to attend recent SBE sessions. Legislators have not reported being denied access to other state agency, board, or commission executive sessions.

“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.”

Previously, Drummond's office 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 were not allowed to attend the board's full executive session.

“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 jurisdiction over the actions of a state agency, board, or commission authorization to attend that state body’s executive sessions. The opinion notes that it is up to the individual legislator to determine jurisdiction, not the state agency, board, or commission. 

“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.

To read the full opinion CLICK HERE.