INSTITUTION OF HIGHER EDUCATION. INCOME OF THE SCHOOL DISTRICT MAY NOT BE USED FOR ANY PURPOSE OTHER THAN THE EDUCATION OF THE RESIDENTS OF THE DISTRICT. ID. HOWEVER, IN THIS REGARD, THE BOARD OF TRUSTEES OF A TECHNICAL AREA SCHOOL DISTRICT ARE EMPOWERED, "WITH PROPER REGARD FOR THEIR RESPECTIVE RESPONSIBILITIES AS TRUSTEES AND AS REGENTS," TO MAKE AND APPROVE AGREEMENTS WHEREBY THE DISTRICT AND THE INSTITUTION, BY APPROPRIATE WRITTEN CONTRACT, UTILIZE THE SAME FACILITIES, EQUIPMENT, AND SERVICES. ID.
IN SHORT SUMMARY, THE OKLAHOMA SUPREME COURT, SOME SIXTEEN YEARS AGO, AFFIRMED THAT IT IS LEGALLY PERMISSIBLE FOR THE SAME PERSONS TO ACT IN BOTH THE CAPACITY OF MEMBERS OF THE BOARD OF REGENTS OF ROSE STATE COLLEGE AND IN THE CAPACITY OF MEMBERS OF THE AREA VOCATIONAL-TECHNICAL DISTRICT BOARD OF TRUSTEES. I AM AWARE THAT THERE IS SENTIMENT IN SOME CIRCLES THAT SUCH A SCENARIO IS NOT THE PUBLIC POLICY RESULT THAT THEY WOULD DESIRE. SUCH A CONCERN IS A PREROGATIVE OF THE LEGISLATURE, AND NOT COMMENTED UPON HEREIN. THIS LETTER MERELY MEMORIALIZES MY OPINION THAT THE CURRENT FORMAT IS CONSTITUTIONALLY PERMISSIBLE, AS BASED UPON PAST RULINGS OF THE OKLAHOMA SUPREME COURT.
AS PER YOUR ORAL REQUEST, I HAVE PREPARED PROPOSED STATUTORY LANGUAGE THAT WOULD ALTER THIS FORMAT, AND REQUIRE ALL FUTURE APPOINTEES TO THE ROSE STATE BOARD OF REGENTS TO BE RESIDENTS OF THE ORIGINAL JUNIOR COLLEGE DISTRICT. THIS PROPOSED LANGUAGE SHOULD NOT BE CONSTRUED AS ANY STATEMENT BY THIS OFFICE, THE ATTORNEY GENERAL, OR MYSELF, PERSONALLY, AS TO THE WISDOM OR EFFICACY OF THE CURRENT SYSTEM OR THE PROPOSED CHANGES, BUT IS MERELY PRESENTED IN COMPLIANCE WITH YOUR REQUEST FOR AID IN DRAFTING SUCH LANGUAGE.
(MICHAEL SCOTT FERN)