POSITION ARE DEVOTED PRIMARILY TO PUBLIC EDUCATION.
THUS, AN INDIVIDUALIZED POSITION-BY-POSITION INQUIRY IS REQUIRED IN CONSIDERING EACH APPLICATION FOR MEMBERSHIP. THIS EXAMINATION IS BY NECESSITY FACTUAL IN NATURE. A DOMINANT RULE OF ALL ADMINISTRATIVE ACTION IS THAT IT NOT BE ARBITRARY AND CAPRICIOUS. SEE, A.G. OPIN. NO. 87-100. TO THAT END, OTRS UNDOUBTEDLY HAS THE STATUTORY AUTHORITY SHOULD IT WISH, TO ADOPT APPROPRIATE RULES AND REGULATIONS TO GUIDE IT IN THE PROPER EXERCISE OF ITS DISCRETION. OTRS NEED NOT CONDUCT AN EXHAUSTIVE, INDEPENDENT INVESTIGATION INTO EACH APPLICATION; IT SHOULD, HOWEVER, TAKE REASONABLE STEPS TO ASSURE ITSELF THAT THE STATUTORY CRITERIA SET OUT IN 70 O.S. 17-101(C) ARE MET. THE FOLLOWING COMMENTS ON THAT ISSUE MAY BE AN ORDER. OTRS SHOULD SATISFY ITSELF THAT THE POSITION IN QUESTION IS ADMINISTRATIVE OR SUPERVISORY. IT MAY DO SO BY REQUIRING, WHEN APPROPRIATE, THAT ORGANIZATIONAL CHARTS, JOB TITLES, AND/OR JOB DESCRIPTIONS OF THE POSITION IN QUESTION BE FURNISHED. IT MAY BE, IN CERTAIN CASES, REQUIRE THAT ADDITIONAL STATEMENTS OR DATA FROM THE EMPLOYER WILL BE REQUIRED TO ALLOW OTRS TO ASSURE ITSELF THAT THE POSITION IN QUESTION QUALIFIES. THE SAME IS TRUE OF THE SECOND CRITERION; OTRS MAY REQUIRE THE FURNISHING OF JOB DESCRIPTIONS, TIME-KEEPING RECORDS, AFFIDAVITS, OR OTHER DATA NECESSARY TO PROVIDE REASONABLE ASSURANCES THAT THE POSITION IN QUESTION BEARS THE REQUIRED PRIMARY RELATIONSHIP TO PUBLIC EDUCATION.
IN DIFFICULT CASES MORE SUPPORTING DATA MAY BE REQUIRED; IN SIMPLER CASES, LESS. IT IS NOT THE OFFICE OF THIS LETTER TO PROVIDE A BLUEPRINT TO WHICH OTRS MUST ADHERE SLAVISHLY IN EVALUATING APPLICATIONS; IT INTENDS, RATHER, MERELY TO ILLUSTRATE HOW THAT DISCRETION MIGHT BE EXERCISED.
IN SUMMARY, IT IS THE INFORMAL OPINION OF THE UNDERSIGNED THAT OTRS HAS THE DISCRETION TO CONSIDER, ON A POSITION-BY-POSITION BASIS, THE APPLICATIONS OF INDIVIDUAL STATE EMPLOYEES FOR MEMBERSHIP IN OTRS. THE POSITIONS IN QUESTION MUST BE SUPERVISORY OR ADMINISTRATIVE IN NATURE AND THEY MUST BE DEVOTED PRIMARILY TO PUBLIC EDUCATION. IN EXERCISING ITS DISCRETION, OTRS MAY NOT BE ARBITRARY AND CAPRICIOUS: THAT IS, IT MUST APPLY A CONSISTENT AND EQUITABLE STANDARD OF INQUIRY TO EACH APPLICATION. IT MAY ADOPT RULES AND REGULATIONS TO GUIDE ITS DISCRETION AND MAY FURTHER REQUIRE THAT SUFFICIENT CREDITABLE AND VERIFIABLE DATA BE SUBMITTED WITH THE MEMBERSHIP APPLICATION TO ALLOW IT TO MAKE AN INFORMED DECISION IN EACH CASE.
(NED BASTOW)