State Ex Rel. Cartwright v. Oklahoma Industries Authority

1981 OK 47, 629 P.2d 1244, 1981 Okla. LEXIS 239
CourtSupreme Court of Oklahoma
DecidedApril 21, 1981
Docket55128
StatusPublished
Cited by12 cases

This text of 1981 OK 47 (State Ex Rel. Cartwright v. Oklahoma Industries Authority) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Cartwright v. Oklahoma Industries Authority, 1981 OK 47, 629 P.2d 1244, 1981 Okla. LEXIS 239 (Okla. 1981).

Opinions

BARNES, Vice Chief Justice:

In February of 1980, the Attorney General of the State of Oklahoma sought access to certain public records of the Oklahoma Industries Authority, a Public Trust created under the laws of Oklahoma. An Assistant Attorney General, and the legal representative of seven independent school districts, the Oklahoma Education Association, the Oklahoma Congress of Parents and Teachers, Inc., the Enid Education Association, the Tulsa Classroom Teachers Association, and the Ponca City Educators Political Action Committee, visited the office of the Oklahoma Industries Authority, in order to inspect and copy various documents desired by the education associations and the Attorney General.

While attempting to inspect such documents, the Assistant Attorney General and the legal representatives of the educational associations discovered that the Trust records, save for a few documents, were not kept in the office of the Trust, but, rather, were scattered throughout Oklahoma and Canadian Counties in some thirteen different locations. They also f und that the Trust office was not open on a regular basis, and that the Trust’s only employee, the Trust’s general manager, was in the office between three and four days a week, and on those days he was in and out and kept no regular schedule. Additionally, the parties learned that the manager of the Trust did not know, and could not tell them, where the vast majority of the records they sought were located. Although the general manager, for the most part, attempted to cooperate with the legal representatives of the educational associations and the State of Oklahoma, the records were not readily available. Additionally, some of the representatives seeking the records testified that the general manager, Mr. Virgil Sprankle, indicated that had he known they were coming he would have burned the records.

Because of the difficulty encountered in inspecting the records, because the records were not kept in the Trust office, and because the Trust office was not open on a regular basis, the Attorney General, Jan Eric Cartwright, on behalf of the State, brought an action against the Oklahoma Industries Authority, and its trustees, asking the trial court to issue a Writ of Mandamus requiring the Trust to comply with the record-keeping duties imposed upon it by statute and the Trust Indenture, all of which required the Trust to keep records and to make the records available to the public.

The statutes and Trust-Indenture provisions relied upon by the Attorney General are as follows:

Title 60 O.S.Supp.1979, § 178(d), which establishes mandatory duties to keep records, provides in part:

“. . . Records of the trust and minutes of the trust meetings of any public trust shall be written and kept in a place, the location of which shall be recorded in the office of the county clerk of each county, wherein the trust indenture shall be recorded. Such records and minutes shall be available for inspection by any person during regular business hours. .. . ”

Article V(3) of the Oklahoma Industries Authority Trust Indenture, which requires that all records be maintained in the Trust office and open to public inspection during business hours, provides in relevant part that:

“(3) . . . The secretary shall keep minutes of all meetings of the Trustees and shall maintain complete and accurate records of all their financial transactions, all such minutes, books, and records to be on file in the office of the Trust. All meetings of the Trustees shall be open to the public, and the books, records, and minutes of the Trustees shall be considered as public records and available for inspection during the business hours of any business day by any interested party.”

The provisions of 51 O.S.1971 § 24, which is the general statute, require all public officers to maintain records open for inspection, and provide:

“It is hereby made the duty of every public official of the State of Oklahoma, and of its sub-divisions, who are required [1247]*1247by law to keep public records pertaining to their said offices, to keep the same open for public inspection for proper purposes, at proper times and in proper manner, to the citizens and taxpayers of this State, and its sub-divisions, during all business hours of the day; ...”

By way of defense of the action, the Trust plead inter alia that it had substantially complied with all statutes.

After an extensive hearing on the matter, the trial court refused to issue the Writ of Mandamus prayed for. The Attorney General, joined by the amicus educational organizations, appealed from the trial court’s ruling, asserting, among other things, that the trial court misunderstood and misinterpreted the duties imposed upon the Trust by the various statutes and its Trust Indenture.

I.

In order to determine whether the trial court erred in refusing to issue the Writ of Mandamus, we must first determine what duties are imposed upon the Oklahoma Industries Authority by virtue of Oklahoma statutory law and its Trust Indenture. More particularly, we must determine (1) what records the Oklahoma Industries Authority is required to maintain and make available to the public; (2) where such records are to be kept; and (3) at what times are said records to be open and available to the public. In its Findings of Fact and Conclusions of Law, the trial court found the following to be the records of the OIA which must be maintained and made available to the general public:

(a) Trust Indentures.
(b) Minutes of all meetings of the Trustees.
(c) Notice of all meetings.
(d) Correspondence initiated or received by OIA.
(e) All tax records.
(f) Bond transcripts.
(g) Bank accounts.
(h) Leases, deeds, mortgages.
(i) Bookkeeping records and audits.
(j) Opinions of the attorney for OIA and other legal work of said attorney, once they have been transmitted to OIA.

This list of the trial court would seem to be all-encompassing, but an analysis of the list shows such not to be the case. For example, the trial court’s list would not include contracts entered into by the Trust relating to management fees, employees, rentals, office facilities, independent contractors, trustee banks, construction, labor, services, and attorney fees. Nor would the trial court’s list include policies of insurance on its trustees, agents and employees, oaths of office required by 60 O.S. § 178, conflict-of-interest statements required by 60 O.S. § 178.8(4), official statement, prospectus, or other offering document required by 60 O.S. § 178.2, and documents relating to reimbursement of expenses to OIA Trustees as authorized by 60 O.S. § 178.

Although the above list of “non-included” records is not exhaustive, it illustrates the narrow restrictive interpretation made by the trial court. We find that such a restrictive interpretation is inappropriate and contra to the intent of the statutes of Oklahoma and the Oklahoma Industries Authority Trust Indenture itself. The intent of the statutes and the Trust Indenture is to subject public trusts and its business and management to public scrutiny.

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State Ex Rel. Cartwright v. Oklahoma Industries Authority
1981 OK 47 (Supreme Court of Oklahoma, 1981)

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Bluebook (online)
1981 OK 47, 629 P.2d 1244, 1981 Okla. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cartwright-v-oklahoma-industries-authority-okla-1981.