INDIRECTLY, PRODUCTS AND SERVICES OF THE HOSPITALS OR ANY SUCH VENTURE, ORGANIZATION, OR PARTNERSHIP TO THE GENERAL PUBLIC.
B. ALL AGREEMENTS AND OBLIGATIONS UNDERTAKEN, AS PERMITTED UNDER THIS SECTION, BY THE OKLAHOMA MEDICAL CENTER SHALL BE FOR A PUBLIC PURPOSE. IN ADDITION, THE FOLLOWING CONDITIONS SHALL APPLY TO CONTRACTUAL AGREEMENTS ENTERED INTO UNDER THIS AUTHORITY:
1. PRIVATE AND PUBLIC FUNDS SHALL BE ACCOUNTED FOR SEPARATELY;
2. THE STATE DOES NOT ASSUME ANY LIABILITY FOR PRIVATE ENTITIES;
3. THE COMMERCIAL VENTURES OR ENTERPRISES WITH WHICH THE OKLAHOMA MEDICAL CENTER ESTABLISHES A CONTRACTUAL RELATIONSHIP PURSUANT TO THIS ACT MUST HAVE A PUBLIC OR QUASI-GOVERNMENTAL PURPOSE; AND
4. THE AUTHORITY GRANTED HEREIN SHALL NOT AUTHORIZE WITHOUT FURTHER LEGISLATIVE APPROVAL, ENTRY INTO A CONTRACT FOR LEASE OR MANAGEMENT OF THE OKLAHOMA MEDICAL CENTER."
(EMPHASIS ADDED.)
WHILE THE OMC CANNOT DELEGATE ITS AUTHORITY, THE LEGISLATURE HAS EXPLICITLY PROVIDED THAT THE OMC MAY ENTER INTO COOPERATIVE VENTURES OR JOIN ORGANIZATIONS AND ASSOCIATIONS INTENDED TO BENEFIT THE HOSPITALS. 56 O.S. 413 (1991).
III. OMC MUST DEVELOP STANDARDS FOR THE PURCHASE OF PRODUCTS CONSISTENT WITH THE REQUIREMENTS OF 74 O.S. 85.12 (1991).
IN YOUR THIRD QUESTION YOU ASK WHETHER THE OMC MAY SELECTIVELY CHOOSE VENDORS TO WHOM IT WISHES REQUESTS FOR COMPETITIVE BIDS BE SUBMITTED. BECAUSE OMC HAS BEEN GRANTED AN EXEMPTION FROM THE CENTRAL PURCHASING ACT, IT IS NOT NECESSARY FOR OMC TO COMPLY WITH COMPETITIVE BID REQUIREMENTS. STILL, 74 O.S. 85.12 (1992) SPECIFIES CERTAIN SAFEGUARDS FOR THE STANDARDS DEVELOPED BY THE COMMISSION ON HUMAN SERVICES FOR PURCHASES OF PRODUCTS BY OMC: TO-WIT, "TO ASSURE APPROPRIATE COMPETITION AND ECONOMICAL AND EFFICIENT PURCHASING(.)" (EMPHASIS ADDED.)
THE GOAL OF STATUTORY CONSTRUCTION IS TO SEEK AND GIVE EFFECT TO THE EXPRESSED LEGISLATIVE INTENT. STATE EX REL. CARTWRIGHT V. GEORGIA-PACIFIC COTP, 663 P.2D 718 (OKLA.1982). THERE IS NO ROOM FOR STATUTORY CONSTRUCTION WHEN THE LEGISLATURE PLAINLY EXPRESSES ITS INTENT. HUGHES DRILLING V. MORGAN, 648 P.2D 32 (OKLA.1982).
FROM THE INTENT EXPRESSED IN 74 O.S. 85.12, IT IS MY OPINION THAT OMC IS NOT REQUIRED TO COMPLY WITH COMPETITIVE BID REQUIREMENTS OF THE CENTRAL PURCHASING ACT AND MAY SELECT ITS VENDOR CONSISTENT WITH THE LIMITATIONS SET FORTH BY THE LEGISLATURE IN THAT SECTION AS DEVELOPED IN THE STANDARDS CREATED BY THE COMMISSION ON HUMAN SERVICES.
IV. STATE EMPLOYEES ARE SUBJECT TO ETHICAL STANDARDS EXPRESSED IN THE OKLAHOMA ETHICS COMMISSION ACT, 74 O.S. 4200 ET SEQ.
YOUR FOURTH QUESTION CONCERNS THE PRACTICE OF THE DIRECTOR OF OMC TO ACCEPT FREE TRAVEL AND ACCOMMODATIONS FROM THE UNIVERSITY HOSPITAL CONSORTIUM TO ATTEND MEETINGS OF THE CONSORTIUM AS A MEMBER THEREIN. MEMBERS ARE PROVIDED FREE AIR TRAVEL AND ACCOMMODATIONS AS AN INDUCEMENT TO ATTEND MEETINGS IN ORDER TO MANAGE THE CONSORTIUM.
THE OKLAHOMA ETHICS COMMISSION ACT, 74 O.S. 4200 ET SEQ., SETS FORTH ETHICAL STANDARDS FOR STATE OFFICIALS AND EMPLOYEES. SECTION 4241 PROVIDES IN PART:
"A. NO STATE EMPLOYEE SHALL:
DIRECTLY OR INDIRECTLY SOLICIT OR ACCEPT ANY COMPENSATION, GIFT, LOAN, ENTERTAINMENT, FAVOR OR SERVICE GIVEN FOR THE PURPOSE OF INFLUENCING SUCH EMPLOYEE IN THE DISCHARGE OF