ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR AN INFORMAL OPINION REGARDING WHETHER A DISTRICT ATTORNEY HAS A DUTY TO PROVIDE LEGAL ADVICE TO COUNTY FAIR BOARDS. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE FOLLOWING ANALYSIS AND CONCLUSIONS, WHILE SOLELY MY OWN, HAVE BEEN REACHED AFTER CAREFUL RESEARCH OF THE QUESTIONS YOU HAVE RAISED.
A DISTRICT ATTORNEY IS DIRECTED TO PROVIDE LEGAL ADVICE TO THE BOARD OF COUNTY COMMISSIONERS AND OTHER CIVIL OFFICERS OF HIS COUNTIES, AND THE MANDATE IS FOUND AT 19 O.S. 215.5 (1991). THAT SECTION PROVIDES, IN RELEVANT PART, AS FOLLOWS:
"THE DISTRICT ATTORNEY . . . SHALL GIVE OPINION AND ADVICE TO THE BOARD OF COUNTY COMMISSIONERS AND OTHER CIVIL OFFICERS OF HIS COUNTIES WHEN REQUESTED BY SUCH OFFICERS AND BOARDS, UPON ALL MATTERS IN WHICH ANY OF THE COUNTIES OF HIS DISTRICT ARE INTERESTED, OR RELATING TO THE DUTIES OF SUCH BOARDS OR OFFICERS IN WHICH THE STATE OR COUNTIES MAY HAVE AN INTEREST."
ADDITIONALLY, THE DISTRICT ATTORNEY IS AUTHORIZED TO REPRESENT THE TRUST AUTHORITY WHERE A PUBLIC TRUST IS ESTABLISHED FOR PURPOSES OF CONDUCTING FREE FAIRS PURSUANT TO 2 O.S. 157.1 (1991) ET SEQ. SEE 2 O.S. 157.6. HOWEVER, FROM A REVIEW OF THE FACTS PROVIDED WITH YOUR INQUIRY, IT IS MY UNDERSTANDING THAT YOUR QUESTION IS NOT DIRECTED TO SUCH PUBLIC TRUSTS AND, THEREFORE, FOR PURPOSES OF THIS OPINION, 2 O.S. 157.6 DOES NOT APPLY.
IN DETERMINING WHETHER THE DISTRICT ATTORNEY HAS A DUTY TO PROVIDE LEGAL ADVICE TO MEMBERS OF COUNTY FAIR BOARDS, WE MUST DETERMINE WHETHER BOARD MEMBERS ARE COUNTY OFFICERS.
IN 1937, THE OKLAHOMA LEGISLATURE ESTABLISHED AND CREATED A COUNTY FREE FAIR IN EACH COUNTY, TO BE KNOWN OR DESIGNATED AS A COUNTY FREE FAIR ASSOCIATION, AND DECLARED IT NOT TO BE A STATE INSTITUTION. 1937 OKLA. SESS. LAWS, C. 273, S 1, (NOW CODIFIED AS 2 O.S. 104(A)). THE AUTHORITY TO ELECT A BOARD OF DIRECTORS AND A PROCEDURE FOR SAME IS SET OUT IN 2 O.S. 104(C). THAT PROCESS CALLS FOR EACH COUNTY COMMISSIONER TO CONDUCT AN ELECTION IN HIS DISTRICT TO ELECT THREE (3) DIRECTORS AND FOR THE COUNTY CLERK TO ISSUE TO EACH DIRECTOR A CERTIFICATE OF ELECTION.
THE COUNTY COMMISSIONERS AND THE COUNTY EXCISE BOARD MAKE AN ANNUAL LEVY UPON ALL TAXABLE PROPERTY FOR THE USE OF SAID FREE FAIR ASSOCIATION. 2 O.S. 104(E). THE BOARD OF DIRECTORS OF THE FREE FAIR ASSOCIATION IS VESTED WITH CONTROL OF THE FAIRS AND THE EXPENDITURE OF ALL MONEY LEVIED AND COLLECTED FOR THE PURPOSE OF CONDUCTING SAID FAIR. 2 O.S. 104(D). THE BOARD ALSO HAS THE POWER TO ACQUIRE GROUNDS FOR THE FAIR BY LEASE OR PURCHASE, AND TO ERECT AND REPAIR BUILDINGS. 2 O.S. 104(H). ADDITIONALLY, THE BOARD OF DIRECTORS OF THE FREE FAIR ASSOCIATION HAS THE POWER TO RECEIVE CERTAIN TAX LEVIES FROM THE COUNTY TREASURER AND EXPEND THOSE MONEYS IN ADDITION TO ANY OTHER FUNDS COLLECTED BY THE BOARD. 2 O.S. 104D,