G, H.
IT WAS DETERMINED IN A PREVIOUS ATTORNEY GENERAL OPINION THAT MEMBERSHIP UPON THE BOARD OF DIRECTORS OF A COUNTY FREE FAIR ASSOCIATION CONSTITUTES A PUBLIC OFFICE. A.G. OPIN. NO. 79-041. IN THAT OPINION, A QUESTION WAS RAISED AS TO WHETHER AN ELECTED SCHOOL BOARD MEMBER COULD CONCURRENTLY SERVE AS A DIRECTOR OF THE FREE FAIR ASSOCIATION WITHOUT VIOLATING THE DUAL OFFICE HOLDING STATUTE, 51 O.S. 6 (DUAL OFFICE HOLDING). THE ANALYSIS IN THAT OPINION WHICH SUPPORTED THE CONCLUSION THAT THE POSITION OF DIRECTOR OF A COUNTY FREE FAIR ASSOCIATION WAS A PUBLIC OFFICE CONSIDERED THE CRITERIA ESTABLISHED IN THE CASE OF GUTHRIE DAILY LEADER V. CAMERON,41 P. 635 (1895). THE OKLAHOMA SUPREME COURT IN GUTHRIE STATED IN RELEVANT PART, AS FOLLOWS:
"A PUBLIC OFFICE IS THE RIGHT, AUTHORITY, AND DUTY CREATED AND CONFERRED BY LAW, BY WHICH, FOR A GIVEN PERIOD, EITHER FIXED BY LAW OR ENDURING AT THE PLEASURE OF THE CREATING POWER, AN INDIVIDUAL IS INVESTED WITH SOME PORTION OF THE SOVEREIGN FUNCTIONS OF THE GOVERNMENT, TO BE EXERCISED FOR THE BENEFIT OF THE PUBLIC."
41 P. AT 636.
THE ATTORNEY GENERAL IN ANALYZING FOR DUAL OFFICE HOLDING CONSIDERATIONS OPINED THAT THE POWERS AND DUTIES OF THE FREE FAIR ASSOCIATION DIRECTORS WERE IDENTICAL TO MANY OF THE POWERS AND DUTIES OF A SCHOOL BOARD AND MUST BE REGARDED AS THE EXERCISE OF "SOME PORTION" OF THE SOVEREIGNTY OF GOVERNMENT, CITING THE GUTHRIE DECISION. A.G. OPIN. NO. 79-041. THAT OPINION CONCLUDED THE POSITION OF DIRECTOR OF A COUNTY FREE FAIR ASSOCIATION WAS A PUBLIC OFFICE.
IN VIEW OF THE FACT THAT A.G. OPIN. NO. 79-041 DETERMINED THAT MEMBERSHIP ON THE BOARD OF A COUNTY FREE FAIR ASSOCIATION IS A PUBLIC OFFICE, THAT THE COUNTY COMMISSIONERS AND COUNTY EXCISE BOARD MAKE AN ANNUAL LEVY UPON ALL TAXABLE PROPERTY FOR USE OF THE FREE FAIR ASSOCIATION, AND THAT THE FREE FAIR ASSOCIATION CAN RECEIVE AND TAX LEVIES FROM THE COUNTY TREASURER, IT CAN BE CONCLUDED THAT COUNTY FREE FAIR ASSOCIATION BOARD MEMBERS ARE COUNTY OFFICERS.
SINCE THE DIRECTORS OF COUNTY FREE FAIR ASSOCIATIONS ARE COUNTY OFFICERS, THEY ARE ENTITLED TO UTILIZE THE SERVICES OF THE LOCAL DISTRICT ATTORNEY, OR HIS/HER ASSISTANTS FOR LEGAL SERVICES. IT IS THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT PURSUANT TO 19 O.S. 215.5 (1991), THE DISTRICT ATTORNEY HAS THE DUTY TO PROVIDE LEGAL ADVICE TO THE BOARD OF DIRECTORS OF THE COUNTY FREE FAIR ASSOCIATIONS FOR THE COUNTIES LOCATED WITHIN HIS/HER DISTRICT ATTORNEY DISTRICT IN MATTERS RELATING TO DUTIES OF SUCH BOARDS.
(GLEN D. HAMMONDS)