THE ACCOMPLISHMENT OF A PUBLIC PURPOSE."
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IN A.G. OPIN. NO. 82-071, THE ATTORNEY GENERAL HAD THE OCCASION TO CONSIDER A QUESTION QUITE SIMILAR TO BOTH OF YOUR INQUIRIES. AMONG OTHER THINGS, THE ATTORNEY GENERAL WAS ASKED WHETHER THE OKLAHOMA WHEAT COMMISSION COULD LAWFULLY PROVIDE OFFICE SPACE AND SECRETARIAL SERVICES FOR THE OKLAHOMA WHEAT GROWERS ASSOCIATION, A PRIVATE ORGANIZATION. UTILIZING ART. X, 14 AND 15 AND THE APPLICABLE RULES AS REFERENCED ABOVE, THE ATTORNEY GENERAL FOUND THAT FOR ANY PUBLIC BODY TO PROVIDE OFFICE SPACE AND SECRETARIAL SERVICES FOR A PRIVATE ORGANIZATION OR ASSOCIATION WOULD CONSTITUTE AN UNCONSTITUTIONAL USE OF PUBLIC FUNDS FOR A NONPUBLIC USE.
THE ATTORNEY GENERAL'S CONCLUSION IN A.G. OPIN. NO. 82-071 IS STILL AN ACCURATE STATEMENT OF THE LAW, SEE, E.G., A.G. OPIN NO.'S 86-026 AND 87-038. IT SHOULD PROVIDE YOU WITH RELATIVELY CONCLUSIVE GUIDANCE IN REGARDS TO YOUR FIRST QUESTION. HOWEVER, I WOULD NOTE THAT THE CONCLUSION REACHED IN THAT OPINION WAS BASED ON A SPECIFIC SET OF STATUTES AND FACTS. THEREFORE, WHILE A.G. OPIN. NO. 82-071 IS AN EXCELLENT STATEMENT OF THE GENERAL RULE, IT CANNOT BE BLINDLY APPLIED TO EVERY SITUATION. THE QUESTION OF WHETHER ANY SPECIFIC SITUATION INVOLVING THE SCENARIO YOU DESCRIBE IN YOUR FIRST QUESTION IS VIOLATIVE OF ART. X, 14 AND 15 OF THE OKLAHOMA CONSTITUTION IS A QUESTION OF FACT. A.G. OPIN. NO. 83-149.
FINALLY, SINCE YOUR FIRST QUESTION APPLIES TO ANY PUBLIC BODY OF THE STATE, WHICH COULD POTENTIALLY INCLUDE POLITICAL SUBDIVISIONS SUCH AS A COUNTY OR A CITY, I WOULD PROVIDE ONE MORE IMPORTANT CONSIDERATION. THAT IS, EVEN ASSUMING THAT NO CONSTITUTIONAL LIMITATIONS ARE VIOLATED BY THE PRACTICE WITH WHICH YOU ARE CONCERNED, THE POWER OF A COUNTY OR CITY TO MAKE CONTRIBUTIONS OR APPROPRIATIONS IN AID OF NONGOVERNMENTAL ORGANIZATIONS DEPENDS UPON THE EXACT NATURE AND EXTENT OF THE POWERS CONFERRED UPON IT BY ITS CHARTER, IF ANY, AND THE GENERAL STATUTES APPLICABLE TO IT. SEE, SHIPP V. SOUTHEASTERN OKLAHOMA INDUSTRIES AUTHORITY, 498 P.2D 1395 (OKLA.1972).
II. PUBLIC PURPOSE DOCTRINE AND THE PROVISION OF FREE OFFICE SPACE TO PUBLIC EMPLOYEE CREDIT UNIONS
YOUR SECOND QUESTION ASKS SPECIFICALLY ABOUT THE CONSTITUTIONALITY OF 6 O.S. 2016 (1991). THAT STATUTE IS FOUND WITHIN A SET OF STATUTES DEFINING, REGULATING AND SUPERVISING ALL CREDIT UNIONS IN OKLAHOMA, SEE, 6 O.S. 2001 - 6 O.S. 2026. A CREDIT UNION IS DEFINED THEREIN AS A "COOPERATIVE NONPROFIT SOCIETY INCORPORATED FOR THE PURPOSE OF PROMOTING THRIFT AMONG ITS MEMBERS, AND CREATING A SOURCE OF CREDIT FOR THEM AT LEGITIMATE RATES OF INTEREST FOR PROVIDENT OR PRODUCTIVE PURPOSES." 6 O.S. 2001 (1991). THE STATUTE WITH WHICH YOU ARE CONCERNED PROVIDES, IN PERTINENT PART, THAT:
"CREDIT UNIONS COMPOSED EXCLUSIVELY OF STATE, COUNTY, CITY AND SCHOOL DISTRICT EMPLOYEES AND MEMBERS OF THEIR FAMILIES MAY BE ALLOTTED SPACE IN PUBLIC BUILDINGS AS SPACE IS AVAILABLE, WITHOUT CHARGE FOR RENT OR SERVICES." 6 O.S. 2016
IN DETERMINING THE CONSTITUTIONALITY OF 2016 UNDER THE OKLAHOMA CONSTITUTION, THE SAME CONSTITUTIONAL PROVISIONS AS DISCUSSED IN THE PRECEDING SECTION WOULD BE IMPLICATED,