THE FURNISHING BY OTHER PUBLIC AGENCIES OF MENTAL HEALTH SERVICES IN CHILD GUIDANCE CENTERS, OR THE RECEIPT BY OTHER PUBLIC AGENCIES OF FEDERAL FUNDS FOR ANY OF SUCH PURPOSES."
43A O.S. 2-105
"THE MENTAL HEALTH BOARD SHALL ACCEPT, HOLD IN TRUST AND AUTHORIZE THE USE OF ANY GRANT OR DEVISE OF LAND, OR ANY DONATION OR BEQUEST OF MONEY, OR OTHER PERSONAL PROPERTY MADE TO THE DEPARTMENT, OR TO ANY INSTITUTION THEREIN, SO LONG AS THE TERMS OF THE GRANT, DONATION, BEQUEST, GIFT, OR WILL ARE CARRIED OUT. THE MENTAL HEALTH BOARD MAY INVEST AND REINVEST ANY FUNDS AND MAY LEASE OR SELL ANY REAL OR PERSONAL PROPERTY AND INVEST THE PROCEEDS, FOR THE BENEFIT OF THE DEPARTMENT OR ANY INSTITUTION THEREIN UNLESS PREVENTED BY THE TERMS OF THE GRANT, DONATION, BEQUEST, GIFT OR WILL.
THE MENTAL HEALTH BOARD MUST ANNUALLY ACCOUNT TO THE STATE AUDITOR AND INSPECTOR FOR ALL MONIES OR PROPERTY RECEIVED OR EXPENDED BY VIRTUE OF THIS SECTION WHICH ACCOUNT SHALL STATE THE SOURCE OF THE MONIES OR PROPERTY RECEIVED WITH THE ACTUAL DATE OF ITS RECEIPT, THE PARTICULAR USE OR PLACE FOR WHICH IT WAS EXPENDED, THE BALANCE ON HAND SHOWING THE PLACE OF DEPOSIT OF THE UNEXPENDED FUNDS."
43A O.S. 2-106 (1987).
RELIANCE SOLELY UPON THE PORTION OF SECTION 2-105 THAT DISCUSSES THE DEPARTMENT'S ROLE AS THE "SOLE DESIGNATED STATE AGENCY FOR RECEIVING, DISBURSING OR ADMINISTERING FEDERAL FUNDS . . . N DOES NOT RESOLVE YOUR INQUIRIES. THAT SECTION IS A PECULIAR ONE DESIGNED TO PERMIT THE STATE TO QUALIFY FOR CERTAIN TYPES OF PROGRAMS WHERE AS A CONDITION TO ENGAGING IN THE RELATIONSHIP THE STATE MUST DESIGNATE A SINGLE ENTITY AS THE PARTY TO LOOK TO FOR OVERSIGHT PURPOSES. NOT ALL PROGRAMS INVOLVE SUCH REQUIREMENTS, AND A FULL READING OF THE STATUTE INDICATES THAT THE LEGISLATURE DID NOT INTEND TO WHOLLY PROHIBIT ALL OTHER AGENCIES OF THE STATE FROM BEING ELIGIBLE TO RECEIVE FEDERAL MONIES RELATED TO MENTAL HEALTH CARE.
SIMILARLY, BY MERELY READING THE FACIAL TERMS OF THE DOCUMENTS THAT YOU HAVE TRANSMITTED TO THIS OFFICE FOR REVIEW, I CANNOT SAY, AS A MATTER OF CERTAINTY, THAT THE INVOLVEMENT OF DEPARTMENT OFFICERS AND EMPLOYEES WOULD AUTOMATICALLY CONSTITUTE A CONFLICT OF INTEREST. HOWEVER, IF ONE LOOKS CLOSELY AT THE MANNER IN WHICH THE FOUNDATION IS APPARENTLY INTENDED TO OPERATE, IT IS MY OPINION THAT ACTIVITIES BY DEPARTMENT OFFICERS AND EMPLOYEES IN OPERATING THE FOUNDATION COULD EASILY RESULT IN THOSE PERSONS VIOLATING STATE LAW.
THE CERTIFICATE OF INCORPORATION OF THE OKLAHOMA MENTAL HEALTH RESEARCH INSTITUTE FOUNDATION, FILED MARCH 9, 1988 WITH THE SECRETARY OF STATE RECITES:
"THE PURPOSE FOR WHICH THE CORPORATION IS FORMED IS TO PROMOTE AND CONDUCT RESEARCH WHICH ENHANCES THE EXISTING BODY OF KNOWLEDGE IN THE AREAS OF MENTAL ILLNESS, SUBSTANCE ABUSE AND FAMILY VIOLENCE."
IN A LETTER DATED MARCH 25, 1988 FROM MS. JACQUELINE ENNIS, ADMINISTRATOR OF RESEARCH AND EVALUATION FOR THE OKLAHOMA DEPARTMENT OF MENTAL HEALTH, AND A PERSON WHO IS ALSO APPARENTLY THE ADMINISTRATOR FOR THE FOUNDATION, TO MR.