AGREEMENT BETWEEN A STATE AGENCY AND A PRIVATE ORGANIZATION.
ACCORDINGLY, THE LEGALITY OF SUCH AN AGREEMENT DEPENDS UPON THE FACTORS ALLUDED TO ABOVE. FIRST, IN ORDER TO BE LAWFUL, THE DISTRICT DISTRIBUTION OF FUNDS TO THE PRIVATE ORGANIZATION MUST BE SUPPORTED BY VALUABLE CONSIDERATION. IN OTHER WORDS, THE DISTRIBUTION MUST ACTUALLY HAVE BEEN MADE IN EXCHANGE FOR THE REDUCTION IN THE LEASE PAYMENT. SEE CHILDREN' HOME WELFARE ASSOCIATION V. CHILDERS, 171 P.2D 613 (OKLA. 1946). SECOND, THE DISTRIBUTION OF FUNDS MUST HAVE BEEN MADE FOR PROPER PUBLIC PURPOSE. IN THIS INSTANCE, THIS SECOND REQUIREMENT MEANS THAT THE DISTRIBUTION OF FUNDS IN EXCHANGE FOR THE REDUCTION IN THE LEASE PAYMENT MUST SERVE ONE OF THE POLICIES SET FORTH IN THE CONSERVATION DISTRICT ACT AND MUST ARISE OUT OF THE PERFORMANCE OF THE LOCAL DISTRICT'S AUTHORIZED POWERS AND DUTIES.
WHETHER OR NOT A PARTICULAR AGREEMENT SUCH AS THE ONE YOU HAVE DESCRIBED ACTUALLY MEETS THESE REQUIREMENTS IS A QUESTION OF FACT BEYOND THE SCOPE OF THIS LETTER. HOWEVER, FOR THE REASON SET FORTH ABOVE, IT IS MY OPINION THAT IF A LOCAL CONSERVATION DISTRICT'S PAYMENT TO A PRIVATE ORGANIZATION IS MADE PURSUANT TO AN AGREEMENT UNDER WHICH THE DISTRICT RECEIVES VALUABLE CONSIDERATION FOR THAT PAYMENT, IF THE AGREEMENT SERVES ONE OF THE POLICIES SET FORTH IN THE CONSERVATION DISTRICT ACT, AND IF THE AGREEMENT ARISES OUT OF THE DISTRICT'S EXERCISE OF ITS AUTHORIZED POWERS AND DUTIES, THEN A DISTRICT'S PAYMENT TO A PRIVATE ORGANIZATION WOULD BE LAWFUL.
(II)
YOUR SECOND QUESTION CONCERNS THE LEGALITY OF DIRECTORS OF COUNTY DISTRICT CONSERVATION BOARDS ACCEPTING REIMBURSEMENT FROM THEIR BOARDS FOR PER DIEM AND MILEAGE EXPENSES INCURRED IN ATTENDING BOARD MEETINGS. THIS QUESTION IS RESOLVED BY 82 O.S. 1501-413 AND 82 O.S. 1501-605. SECTION 1501-413 STATES, "DISTRICT DIRECTORS SHALL BE PAID A PER DIEM OF FIFTEEN DOLLARS ($15.00) PER MEETING FOR ATTENDING MONTHLY DISTRICT BOARD MEETINGS AND FOR SUCH OTHER AREA AND STATE MEETINGS AS ARE CALLED BY THE OKLAHOMA CONSERVATION COMMISSION." THUS, 82 O.S. 1501-605 EXPRESSLY AUTHORIZES REIMBURSEMENT FOR PER DIEM EXPENSES (AT THE SPECIFIED RATE) FOR ATTENDING BOARD MEETINGS. 82 O.S. 1501-413 AUTHORIZES REIMBURSEMENT FOR "EXPENSES" OF DIRECTORS ATTENDING MEETINGS. THE TERM "EXPENSES," IS BROAD ENOUGH, I THINK, TO INCLUDE A REASONABLE REIMBURSEMENT FOR MILEAGE INCURRED BY BOARD MEMBERS IN ATTENDING MEETINGS. IT IS, THEREFORE, MY OPINION THAT THE DIRECTORS OF A LOCAL COUNTY CONSERVATION DISTRICT BOARD MAY PROPERLY ACCEPT PER DIEM AND MILEAGE EXPENSES FOR ATTENDING BOARD MEETINGS.
FINALLY, YOU HAVE ASKED WHETHER LT IS LEGAL FOR LOCAL COUNTY CONSERVATION DISTRICTS TO PAY EITHER FEES OR EXPENSE INCURRED BY BOARD MEMBER IN THE COURT OF PERFORMING THEIR DUTIES. SECTION 1501-413 EXPRESSLY PROVIDES, THAT DIRECTORS TO LOCAL CONSERVATION DISTRICTS SHALL BE ENTITLED TO BE REIMBURSED BY THE DISTRICT FOR ACTUA L EXPENSES INCURRED IN THE OFFICIAL PERFORMANCE OF THEIR DUTIES. N I, THEREFORE, CONCLUDE THAT A LOCAL COUNTY CONSERVATION DISTRICT MAY PROPERLY REIMBURSE ITS DIRECTORS FOR SUCH ACTUAL EXPENSES INCURRED IN THE PROPER PERFORMANCE OF THEIR DUTIES.
(RABINDRANATH RAMANA)