UNIONS, WHILE ARGUABLY BEING APPROPRIATED TO A PRIVATE ORGANIZATION, MAY STILL REPRESENT PUBLIC MONIES BEING EXPENDED TO CARRY OUT A PROPER GOVERNMENTAL OR PUBLIC PURPOSE. IT SHOULD BE REMEMBERED THAT ONCE A PUBLIC PURPOSE IS DETERMINED, IT DOES NOT MATTER THAT A PRIVATE AGENCY IS THE RECIPIENT OF THE PUBLIC MONIES EXPENDED TO ACHIEVE SUCH PURPOSE. INDUSTRIAL DEVELOP. AUTH. V. EASTERN KY. REG. PL. COM'N., SUPRA.
HOWEVER, THERE ARE POSSIBLE CONSTITUTIONAL CONCERNS ABOUT 2016, ESPECIALLY IN LIGHT OF THE COURT'S RULING IN WAY, SUPRA. FOR EXAMPLE, THERE IS NO EXPRESS STATEMENT OF PUBLIC PURPOSE EVEN THOUGH 2001'S STATEMENT OF PURPOSE IN RELATION TO CREDIT UNIONS COULD BE READ TO PROVIDE THAT REQUISITE WHEN 6 O.S. 2016 IS UTILIZED. ALSO, THERE APPEAR TO BE NO EXPRESS CONTROLS OR SAFEGUARDS IN PLACE TO ENSURE THAT A PUBLIC PURPOSE IS BEING CARRIED OUT EVEN THOUGH THE TERMS OF ANY LEASE BETWEEN THE PARTICULAR PUBLIC BODY AND THE PARTICULAR CREDIT UNION COULD POSSIBLY PROVIDE SUCH CONTROLS AND THE CONTRACT NECESSITATED BY WAY. I AM ALSO CONCERNED THAT NO COMPENSATION OR CONSIDERATION IS REQUIRED FOR THE PUBLIC OFFICE SPACE. IF COMPENSATION WERE PROVIDED FOR IN 2016, THE ANSWER TO YOUR SECOND QUESTION WOULD BE MORE CLEAR BECAUSE THE ATTORNEY GENERAL HAS SPECIFICALLY RULED THAT A PUBLIC BODY, THE BOARD OF REGENTS OF A JUNIOR COLLEGE, COULD ALLOW A PRIVATE ORGANIZATION TO USE ITS FACILITIES SO LONG AS REASONABLE CONSIDERATION WAS PAID. A.G. OPIN. NO. 83-149.
I WOULD ALSO NOTE THE "NONPROFIT" NATURE OF CREDIT UNIONS, AS DEFINED IN 2001. IF INDEED CREDIT UNIONS ARE VIEWED AS "CHARITABLE" TYPES OF ORGANIZATIONS, IT WOULD BE IMPORTANT TO NOTE THAT APPROPRIATIONS OF PUBLIC FUNDS TO NONGOVERNMENTAL CHARITIES HAVE BEEN HELD TO BE BOTH CONSTITUTIONAL AND UNCONSTITUTIONAL BY VARIOUS COURTS. SEE, E.G., HAGER V. KENTUCKY CHILDREN'S HOME SOC., 83 S.W. 605 (KY.APP.1904); STATE V. CITY OF NEW ORLEANS, 24 SO. 666 (LA.1898). THIS DIVERSITY IN OPINIONS POINTS OUT THE IMPACT OF DIFFERING SETS OF FACTS UPON DETERMINATIONS OF CONSTITUTIONALITY MADE PURSUANT TO SIMILAR, IF NOT THE SAME, CONSTITUTIONAL LANGUAGE.
III. CONCLUSION
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT, UNDER ART. X, 14 AND 15 OF THE OKLAHOMA CONSTITUTION, A STATUTE PROVIDING FOR THE EXPENDITURE OF PUBLIC MONIES FOR A PRIVATE PURPOSE IS UNCONSTITUTIONAL. IN OTHER WORDS, EXPENDITURE OF PUBLIC FUNDS MUST BE FOR A PUBLIC PURPOSE. GENERALLY, THE ALLOCATION OF PUBLIC OFFICE SPACE TO A PRIVATE ORGANIZATION, WITHOUT ANY CHARGE FOR RENT OR SERVICES, WOULD BE VIOLATIVE OF THE ABOVE-REFERENCED CONSTITUTIONAL PROVISIONS.
HOWEVER, THE TERM "PUBLIC PURPOSE" IS QUITE ELASTIC. IT IS CERTAINLY ARGUABLE THAT THE PROVISION OF "RENT-FREE" PUBLIC OFFICE SPACE TO PUBLIC EMPLOYEE CREDIT UNIONS FALLS WITHIN THE BOUNDARIES OF THE TERM. ALSO, ONCE THE PUBLIC PURPOSE IS FOUND TO EXIST, IT DOES NOT LOSE ITS CHARACTER BY THE MERE FACT THAT A PRIVATE ORGANIZATION IS THE RECIPIENT OF THE PUBLIC MONIES OR PROPERTY INVOLVED, SO LONG AS SUFFICIENT CONTROLS AND SAFEGUARDS EXIST TO ENSURE THAT THE PUBLIC PURPOSE IS ACHIEVED. ADDITIONALLY, THE EXPENDITURE