RE: MUNICIPAL CONTRACTS WITH PRIVATE ENTITIES
ATTORNEY GENERAL HENRY HAS RECEIVED YOUR LETTER OF JUNE 15, 1988, REQUESTING INFORMAL ADVICE AS TO THE ABILITY OF A MUNICIPALITY TO ENTER INTO A CONTRACTUAL ARRANGEMENT WITH A PRIVATE, NONPROFIT ORGANIZATION FOR THE PURPOSE OF HELPING TO FUND A CENTER FOR BATTERED WOMEN IN THE MUNICIPALITY. HE HAS AUTHORIZED ME TO PERSONALLY RESPOND TO YOU ON HIS BEHALF THROUGH THIS INFORMAL LETTER. PLEASE NOTE, IN THIS REGARD, THAT THIS LETTER MAKES NO ATTEMPT TO RESOLVE ANY PARTICULAR FACTUAL CONTROVERSY. SUCH AN EVALUATION WOULD HAVE TO BE PRECEDED BY A DETAILED FACTUAL REVIEW OF THE PROGRAM ACTUALLY BEING CONTEMPLATED AND IS BEYOND THE POWER OF THIS OFFICE TO MAKE. RATHER, THIS LETTER SHOULD BE VIEWED AS INFORMATIONAL IN SCOPE ONLY, AND THE OBSERVATIONS RECITED HEREIN ARE SOLELY THOSE OF THE AUTHOR, AND SHOULD NOT BE MISCONSTRUED AS A FORMAL, BINDING OPINION OF THE ATTORNEY GENERAL.
AS YOU ARE NO DOUBT AWARE, THE OKLAHOMA CONSTITUTION GENERALLY LIMITS THE STATE AND ITS POLITICAL SUBDIVISIONS TO RAISING AND APPROPRIATING TAX MONIES ONLY FOR AREAS THAT SERVE "PUBLIC PURPOSES." OKLA. CONST. ARTICLE X, SECTION 14. THE TERM PUBLIC PURPOSES," IN THIS REGARD, IS SYNONYMOUS WITH THE PHRASE "GOVERNMENT PURPOSES." STATE. EX REL. LACY V. JACKSON, 682 P.2D 218, 221 (OKLA. 1983). IN DETERMINING WHAT CONSTITUTES A "PUBLIC PURPOSE, N THE COURTS WILL GIVE THAT PHRASE A BROAD MEANING, RATHER THAN A RESTRICTIVE ONE, AND IT IS NOT ORDINARILY FOR THE COURTS TO QUESTION WHETHER A PARTICULAR PURPOSE IS A "PUBLIC PURPOSE" OR NOT, SUCH DETERMINATIONS BEING RIGHTFULLY USUALLY LEFT IN THE SPHERE OF LEGISLATIVE ACTION. IN RE INITIATIVE PETITION NO. 319. STATE QUESTION NO. 563, 682 P.2D 222, 224 (OKLA. 1984).
BY THE SAME TOKEN, THERE IS NO REAL CLEAR AND PRECISE LINE WHICH CAN BE DRAWN IN ADVANCE AS TO WHAT CONSTITUTES A LEGITIMATE "PUBLIC PURPOSE. JACKSON, SUPRA, AT 221. HOWEVER, THE COURT HAS RECOGNIZED THAT THERE ARE CERTAIN BASIC FACTORS, THE EXISTENCE OF WHICH (OR LACK THEREOF) MIGHT BE REFERRED TO FOR ASSISTANCE IN RESOLVING ANY GIVEN CASE. ID. THOSE INDICIA HAVE BEEN HIGHLIGHTED BY OUR COURT AS:
"1. THE ESTABLISHED COURSE AND USAGE OF GOVERNMENT POWER IN THE PAST;
2. THE OBJECTS FOR WHICH TAXES HAVE BEEN CUSTOMARILY AND BY LONG COURSE OF LEGISLATION LEVIED;
3. THE OBJECTS OR PURPOSES WHICH HAVE BEEN CONSIDERED NECESSARY TO THE SUPPORT AND FOR THE PROPER USE OF GOVERNMENT, WHETHER AT THE STATE OR MUNICIPAL LEVEL."
TRAVELLING HAND IN HAND WITH ARTICLE X, SECTION 14 ARE THE PROVISIONS OF ARTICLE X, SECTION 17, WHICH FORBID ANY MUNICIPALITY TO APPROPRIATE ANY PUBLIC MONIES FOR THE USE OF ANY PRIVATE CORPORATION, ASSOCIATION OR INDIVIDUAL, AND ARTICLE X, SECTION 15, WHICH FORBIDS SIMILAR STATE FUNDING OF PRIVATE BUSINESS. FUNCTIONALLY, A PURPOSE PROHIBITED UNDER ARTICLE X, SECTION 14 WOULD VIRTUALLY ALWAYS ALSO BE PROHIBITED UNDER ARTICLE X, SECTION 15 AND ARTICLE X, SECTION 17.
A NUMBER OF JUDICIAL DECISIONS RENDERED BY OUR STATE SUPREME COURT HAVE ADDRESSED THE TYPES OF ISSUES THAT YOU