THE BUSINESS AND AFFAIRS OF THE COOPERATIVE IS MORE LIKE THE FUNCTIONS OF THE BOARD OF A PRIVATE CORPORATION. THE TRUSTEES ARE GIVEN THE POWER TO ELECT OR APPOINT A CHIEF EXECUTIVE AND SUCH OTHER OFFICERS, AGENTS, OR EMPLOYEES DEEMED NECESSARY, AND PRESCRIBE THE POWERS AND DUTIES THEREOF. 18 O.S. 437.8(C) (1991). THUS, THE TRUSTEES ARE ACTING AS DIRECTORS, NOT EMPLOYEES.
A CASE SIMILAR TO THE SITUATION POSED IS SCHOENBAUM V. ORANGE COUNTY CENTER FOR PERFORMING ARTS. INC., 677 F.SUPP. 1036 (C.D.CA.1987), WHEREIN A FEDERAL DISTRICT COURT FOUND THAT THE DIRECTOR/TRUSTEES OF A PERFORMING ARTS CENTER WERE NOT CONSIDERED EMPLOYEES UNDER THE ADEA. THE COURT WAS OF THE OPINION THAT THE DUTIES AND RESPONSIBILITIES OF THE DIRECTOR/TRUSTEES WERE MORE SIMILAR TO THOSE OF A CORPORATE BOARD OF DIRECTORS THAN TRADITIONAL FUNCTIONS OF AN EMPLOYEE. THE TRUSTEES LACKED THE TRADITIONAL EMPLOYER-EMPLOYEE RELATIONSHIP.
THIS SAME RATIONALE CAN BE APPLIED TO THE BOARD OF TRUSTEES OF COOPERATIVES FORMED UNDER 18 O.S. 437, ET SEQ. THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF TRUSTEES ARE TO MANAGE THE BUSINESS AND AFFAIRS OF THE RURAL ELECTRIC COOPERATIVE MUCH LIKE THAT OF A TRADITIONAL CORPORATE BOARD OF DIRECTORS. THEY ARE NOT SERVING THE COOPERATIVE IN AN EMPLOYMENT RELATIONSHIP.
THEREFORE, IT IS MY OPINION THAT THE ADEA DOES NOT ENCOMPASS, AS EMPLOYEES, MEMBERS OF A BOARD OF TRUSTEES OF A RURAL ELECTRIC COOPERATIVE FORMED UNDER THE STATUTES OF THE STATE OF OKLAHOMA, AND A BYLAW PROVISION PROHIBITING ONE FROM SERVING ON SAID BOARD OF TRUSTEES AFTER OBTAINING THE AGE OF SEVENTY YEARS IS NOT A VIOLATION OF THAT ACT.
(CIVIL RIGHTS)
(STEVEN K. SNYDER)