YOUR REQUEST FOR AN UNOFFICIAL OPINION REGARDING RURAL WATER DISTRICTS HAS BEEN REFERRED TO ME FOR A RESPONSE. AS I UNDERSTAND IT, YOU WANT TO KNOW WHETHER THESE DISTRICTS ARE PUBLIC BODIES SUBJECT TO THE OKLAHOMA OPEN MEETING ACT, 25 O.S. 301 (1991), ET SEQ. CONSIDERATION OF YOUR QUESTION REQUIRES AN EXAMINATION OF BOTH THE OPEN MEETING ACT AND THE RURAL WATER, SEWER, GAS AND SOLID WASTE MANAGEMENT DISTRICTS ACT, 82 O.S. 1324.1 (1991), ET SEQ. (REFERRED TO BELOW IS THE "RURAL WATER DISTRICTS ACT.") THE DISCUSSION THAT FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. HOWEVER, THE FOLLOWING ANALYSIS AND CONCLUSIONS, WHILE SOLELY MY OWN, HAVE BEEN REACHED AFTER CAREFUL RESEARCH OF THE QUESTION YOU HAVE RAISED.
THE OPEN MEETING ACT IMPOSES A NUMBER OF REQUIREMENTS ON PUBLIC BODIES HOLDING MEETINGS. AMONG OTHER THINGS, IT REQUIRES PUBLIC BODIES TO:
(1) PROVIDE ADVANCE NOTICE OF THE DATE, TIME, AND PLACE OF MEETINGS AND OF MATTERS TO BE CONSIDERED AT THOSE MEETINGS;
(2) HOLD OPEN MEETINGS AT TIMES AND PLACES THAT ARE CONVENIENT AND ACCESSIBLE TO THE PUBLIC;
(3) RECORD INDIVIDUAL MEMBER'S VOTES ON MATTERS CONSIDERED;
(4) TAKE MINUTES OF MEETINGS;
(5) HOLD EXECUTIVE SESSIONS (INACCESSIBLE TO THE PUBLIC) ONLY FOR CERTAIN SPECIFIC PURPOSES; AND
(6) TO REFRAIN FROM HOLDING INFORMAL GATHERINGS OF A MAJORITY OF BOARD MEMBERS IN WHICH PUBLIC BUSINESS IS CONDUCTED OR DISCUSSED.
AS YOU HAVE NOTED, THE OPEN MEETING ACT APPLIES TO "PUBLIC BODIES". 25 O.S. 304 (1991) DEFINES THE PUBLIC BODIES TO WHICH THE OPEN MEETING ACT APPLIES IN THE FOLLOWING MANNER:
"THE GOVERNING BODIES OF ALL MUNICIPALITIES LOCATED WITHIN THE STATE OF OKLAHOMA, BOARDS OF COUNTY COMMISSIONERS OF THE COUNTIES OF THE STATE OF OKLAHOMA, BOARDS OF HIGHER EDUCATION IN THE STATE OF OKLAHOMA AND ALL BOARDS, BUREAUS, COMMISSIONS, AGENCIES, TRUSTEESHIPS, AUTHORITIES, COUNCILS, COMMITTEES, PUBLIC TRUSTS, TASK FORCES, OR STUDY GROUPS IN THE STATE OF OKLAHOMA SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS OR ENTRUSTED WITH THE EXPENDING OF PUBLIC FUNDS, OR ADMINISTERING PUBLIC PROPERTY. . . ."
THE SUPREME COURT OF OKLAHOMA HAS HELD THAT, IN CONSIDERING WHETHER THE OPEN MEETING ACT APPLIES TO A PARTICULAR GROUP "THE KEY CONSIDERATION SHOULD BE THE PUBLIC NATURE OF THE WORK OF THE GROUP." INTERNATIONAL ASSOCIATION OF FIREFIGHTERS. LOCAL 2479 V. THORPE, 632 P.2D 408, 412, (OKLA.1981). ATTORNEY GENERALS' OPINIONS HAVE CONCLUDED THAT THE OPEN MEETING ACT APPLIES TO NONPROFIT CORPORATIONS IF THOSE CORPORATIONS ARE SUPPORTED IN PART BY PUBLIC FUNDS OR IF THEY ADMINISTER PUBLIC PROPERTY. SEE, E.Q., A.G. OPINION NO. 81-084.
IN OKLAHOMA, RURAL WATER DISTRICTS ARE CREATED PURSUANT TO THE PROCEDURES SET FORTH IN THE RURAL WATER DISTRICTS ACT. PURSUANT TO THE ACT, TWO OR MORE LANDOWNERS OR A NOT-FOR-PROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF DEVELOPING RURAL WATER SUPPLIES MAY PETITION T E APPROPRIATE BOARD OF COUNTY COMMISSIONERS FOR THE CREATION OF A RURAL WATER DISTRICT. 82 O.S. 1332.4/82 O.S. 1324.32 (1991). FOLLOWING THE FILING OF A PETITION REQUESTING THE ESTABLISHMENT OF SUCH A DISTRICT AND A PUBLIC HEARING